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CITY  CHARTER 


OF  THE 


City  of  Mount  Vernon. 


I 


CITY  CHARTER 


OF 


City  of  Mount  Vernon 

ENACTED  MARCH  22,  1892. 

Ch.  182,  Laws  1892,  and  Ameiidments. 


Revised  and  Indexed  by 

ARTHUR    C.    BLATZ, 
Counsellor-at-Law. 


PRINTED  BY  AUTHORITY  OF  THE  COMMON  COUNCIL 

OF 

THE  CITY  OF  MOUNT  VERNON, 

By  Resolution  of  Aprir  16,  1907. 

Under  Supervision  of 

AUGUST  C.  THOMA,  Chairman,") 
FREDERIC  W.  CLARK,  y  Committee  on 

GEORGE  H.  TAYLOR,  Jr..  S  ^""''"^'  ^''' 


CITY    CLUB 

23  Prospect  Avenue 

Mount  Vernon 

New  York 


4i 


■Oi, 


'if, 


'9/0 


TABLE  OF  CONTENTS. 


TITLE  L 
Sections  1,  2,  3,  4.  Page 

Boundaries,  corporate  name,  powers,  seal 3-6 

TITLE  II. 
Sections  6-33. 
Officers  of  the  city;  their  election  and  appointment;  terms  of  office; 
duties,  salaries,  etc 6-16 

TITLE  III. 
Sections  34-131. 

Powers,  duties  and  salaries  of  city  officials » 6-57 

Mayor   Sees.  34,  35,  43 

Aldermen Sees.  36,  37,  43 

Supervisors Sees.  38,  39 

Assessors    Sec.  40 

Common  council    Sees.  41,  129 

City  clerk  Sees.  42,  130 

City  treasurer Sec.  43 

Receiver  of  taxes Sees.  44,  52 

Comptroller   Sec.  52a 

Justices  of  the  peace Sec.  53 

Constables   Sec.  54 

City  court  and  city  judge Sees.  55-114,  130 

Commissioner  of  public  works Sees.  115-126 

Corporation  counsel   Sees.  127-128 

Fees,   penalties,   fines,   etc.,  paid  over  to   city  treasurer; 
reports  to  common  council Sees.  130,  131 

TITLE  IV. 

Sections  132-142. 

Taxes,  assessments;  levying  and  collection  of 57-63 

TITLE  V. 

Sections  143-157. 

Taxes;  sale  of,  lands  for  non-payment 63-69 

TITLE  YI. 

Sections  158-166. 

Common  council;  how  constituted,  meetings,  powers 70-85 


206879 


TITLE  VII.  Page 
Sections  167-205. 
Highways,  walks,  streets,  bridges;  laying  out,  building  of  and  im- 
provements of,  and  assessments  for  same. 85-106 

TITLE  VIII. 
Sections  206-209. 
Police  department;  how   constituted;   support  of;   powers;   duties 

and  salaries  of  members  of 106-114 

TITLE  IX. 
Sections  210-219. 
Prevention  and  extinguishment  of  fires;  rules  as  to  buildings;  fire 
escapes,   etc.      Board  of   fire   commissioners.      Fire   companies; 
officials   and  members;    provision   for  compensation,   etc.     Ex- 
penses of,  annual  report 114-119 

TITLE  X. 
Sections  220-225. 
Board  of  health;  officers  of,  powers  and  duties  of  health  officer, 

hospitals,  pest  houses,  plumbing  and  drainage 119-124 


Commissioner  of  charities, 


TITLE  XI. 

Sections  227-228. 

duties  of 


124 


TITLE  XII. 
Sections  229-229s. 
Board  of  education;  how  composed;  powers  and  duties;  term  of 
office;  salaries,  etc.     School  districts;  maintenance  of.     School 
trustees;  election  of.     Clerk  of  board;  school  buildings;  public 
libraries;  taxation  for;  school  bonds,  etc 125-148 

TITLE  XIII. 
Sections  230-256. 

Miscellaneous   provisions    148-155 

City  a  town  for  some  purposes Sec.  230 

Freeholders  not  incompetent  as  judge,  jury  or  witnesses 

in  suits  against  city Sec.  231 

No  costs,  etc.,  against  city,  unless  claim  first  presented  to 
common  council.  No  bond  to  be  given  by  city  in  any 
action  or  proceeding.     Execution  cannot  issue  against 

city;  method  of  payment  of  judgments Sec.  232 

Expense  of  apprehending,  trying  and  committing  crim- 
inals paid  by  county Sec.  233 


Page 

Service  of  process,  under  provision  of  act  on  corporations, 
associations,  co-partners,  joint  tenants,  or  tenants  in 
common    Sec.  234 

Affidavits  of  publication  of  notices,  by-laws,  resolutions, 
etc Sec.  235 

Copies  of  papers  certified  by  city  clerk  and  secretary  of 

board  of  health  shall  be  evidence  in  all  courts,  etc 

Sec.  236 

Accounts  for  services,  etc.,  to  be  in  duplicate  and  sworn 
to  or  audit  refused Sec.  238 

City  lands  held  in  fee  exempt  from  taxation ....  Sec.  239 

Claims  on  contract  or  tort  to  be  presented  to  common 
council  30  days  before  suit.  Examination  before  Mayor 
on  saine   Sec.  241 

Ordinance  book  in  city  clerk's  office Sec.  242 

Execution  on  judgment  in  favor  of  city  on  fine,  penalty 
or  forfeiture    Sec.  243 

City  lock-up   Sec.  244 

City  liable  for  bonded  debt  of  village  of  Mount  Vernon . . 
Sec.  245 

Apportionment  by  supervisor  of  Westchester  county  of 
state  and  county  charges  between  city  of  Mount  Ver- 
non and  remainder  of  town  of  Eastchester. . .  .Sec.  246 

Tax  leases  affecting  property  in  city  of  Mount  Vernon  to 

be  assigned  to  it  by  town  of  Eastchester Sec.  247 

Village  receiver  of  taxes  authorized  to  collect  any  tax 
warrant  or  assessment  in  his  hands  and  make  return 
to   common  council Sec.  248 

Warrants  for  town,  county  and  state  taxes  now  in  process 
of  collection  by  town  clerk  of  Eastchester  continued 
in  his  hands,  etc Sec.  249 

Ordinances,  by-laws,  resolutions  and  regulations  of  vil- 
lage trustees  continued Sec.  250 

Balance  of  town  of  Eastchester,  continued  as  such  town. 
Provisions  for  special  election  in Sec.  251 

Common  council  to  provide  supplies,  stationery,  blanks, 
fuel  and  other  requisites  of  use  of  officers  and  city  de- 
partments    Sec.  252 

Corporation  village  of  Mount  Vernon  dissolved . .  Sec.  254 

Definition  of  "freeholder"  who  is  eligible  for  office  under 
this  act  Sec.  255 

Definition  "supervisor"  as  used  in  this  act Sec.  256 

Appendix — Special  acts   156-202 


^ 


Charter  of  the  City  of  Mount  Vernon^ 


CHAPTER  182,  LAWS  1892. 
AN  ACT  to  incorporate  the  City  of  Mount  Vernon. 
Approved  by  the  Governor  March  22,  1892.     Passed,  three- 
fifths  being  present. 

The  people  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows : 

TITLE  I. 

Of  the  boundaries  and  civil  divisions. 
Section  i.  All  that  district  of  country  in  the  town  of 
Eastchester,  in  the  County  of  Westchester  and  State  of  New 
York,  comprised  within  the  following  boundaries,  namely: 
Commencing  at  a  point  in  the  centre  of  Bronx  River,  at  the 
intersection  thereof  with  the  northerly  boundary  line  of  the 
present  incorporated  village  of  South  Mount  Vernon;  run- 
ning thence  generally  in  an  easterly  direction  along  the  nor- 
therly boundary  line  of  the  said  incorporated  village  of  South 
Mount  Vernon  to  Eleventh  Avenue  and  Bronx  Place  there- 
in ;  thence  southerly  along  the  westerly  side  of  Eleventh  Av- 
enue to  Mundy  Lane;  thence  southerly  along  the  westerly 
side  of  Mundy  Lane  to  the.  Kings  Bridge  Road ;  thence  due 
south  to  a  continuation  of  the  northern  boundary  line  of 
New  York  City;  thence  easterly  along  said  continuation  of 
the  northerly  boundary  line  of  the  City  of  New  York  to 
Hutchinson  River  or  Creek;  thence  northerly  along  the  cen- 
tre line  of  said  Hutchinson  River  or  Creek  as  the  same  turns 
and  winds  to  a  point  as  far  north  as  the  northernmost  point 
in  the  town  of  Pelham  in  said  County  of  Westchester ;  thence 
westerly  along  a  line  extending  across  the  town  of  East 
Chester  parallel  with  the  said  northern  boundary  line  of 
New  York  City;  thence  southerly  along  the  centre  of  the 
Bronx  River  as  the  same  turns  and  winds  to  the  point  or 


place  of  beginning,  shall  be  a  city  known  as  ''the  City  of 
Mount  Vernon;"  and  the  citizens  of  this  state  from  time  to 
time  inhabitants  within  the  aforesaid  limits  shall  be  a  body 
corporate  and  politic  by  the  name  of  "the  City  of  Mount 
Vernon,"  and  as  such  shall  have  all  the  rights,  power  and 
privileges  conferred  by  the  general  statutes  of  this  state  upon 
municipal  corporations,  as  well  as  those  conferred  by  this 
act,  which  latter  shall  be  known  as  the  charter  of  said  city. 

Section  2.  The  said  city  shall  be  divided  into  five 
wards,  as  follows : 

First  Ward.  Beginning  at  the  intersection  of  the  mid- 
dle line  of  Fourth  Street  with  the  middle  line  of  Eleventh 
Avenue  or  Mundy  Lane ;  running  .thence  easterly  along  the 
centre  line  of  Fourth  Street  to  Union  Avenue;  thence  nor- 
therly along  the  centre  line  of  Union  Avenue  to  Third 
Street ;  thence  easterly,  along  the  centre  line  of  Third  Street 
to  the  centre  line  of  the  Hutchinson  River ;  thence  southerly 
along  the  centre  line  of  Hutchinson  River  as  the  same  turns 
and  winds  to  the  southern  boundary  line  of  said  City  of 
Mount  Vernon ;  thence  westerly  along  said  southern  bound- 
ary line  of  said  city  to  a  point  due  south  of  the  intersection 
of  the  westerly  line  of  Mundy  Lane  with  the  Kingsbridge 
Road;  thence  due  north  to  the  point  of  intersection  of  the 
westerly  side  of  Mundy  Lane  with  the  Kingsbridge  Road; 
thence  northerly  along  the  westerly  side  of  Mundy  Lane  to 
the  point  or  place  of  beginning. 

Second  Ward.  Beginning  at  the  point  of  intersection 
of  the  centre  line  of  the  roadbed  of  the  New  York,  New 
Haven  &  Hartford  Raih'oad  Company  with  the  continuation 
of  the  centre  line  of  Fifth  Avenue ;  running  thence  southerly 
along  the  centre  line  of  Fifth  Avenue  to  Fourth  Street; 
thence  westerly  along  the  centre  line  of  Fourth  Street  to  the 
westerly  side  of  Eleventh  Avenue  or  Mundy  Lane;  thence 
northerly  along  the  westerly  side  of  Eleventh  Avenue  or 
Mundy  Lane  to  Bronx  Place;  thence  in  a  general  westerly 
direction  along  the  southern  boundary  line  of  the  City  of 
Mount  Vernon  to  a  point  where  such  southern  boundary  line 
intersects  the  centre  line  of  the  roadbed  of  the  New  York, 


New  Haven  &  Hartford  Railroad  Company;  thence  in  an 
easterly  direction  along  the  centre  line  of  such  roadbed  to  the 
point  or  place  of  beginning. 

Third  Ward. .  Beginning  at  the  point  of  intersection  of 
the  centre  line  of  the  roadbed  of  the  New  York,  New  Ha- 
ven &  Hartford  Railroad  Company  with  the  continuation  of 
the  centre  line  of  Fifth  Avenue;  running  thence  easterly 
along  the  centre  line  of  said  roadbed  to  the  easterly  boun- 
dary of  the  City  of  Mount  Vernon ;  thence  southerly  along 
the  easterly  boundary  line  of  said  city  to  a  point  in  the  centre 
of  Hutchinson  River  or  Creek  opposite  the  centre  line  of 
Third  Street ;  thence  westerly,  along  the  centre  Hne  of  Third 
Street,  being  the  northerly  boundary  line  of  the  First  Ward, 
to  Union  Avenue ;  thence  southerly  along  the  centre  line  of 
Union  Avenue  to  the  centre  line  of  Fourth  Street;  thence 
along  the  centre  line  of  Fourth  Street  to  the  centre  line  of 
Fifth  Avenue ;  thence  northerly  along  the  centre  line  of  Fifth 
Avenue  to  the  place  or  point  of  beginning. 

Fourth  Ward.  Beginning  at  the  point  of  intersection 
of  the  centre  line  of  the  roadbed  of  the  New  York,  New 
Haven  &  Hartford  Railroad  Company  with  the  centre  line 
of  Fourth  Avenue ;  running  thence  northerly  along  the  cen- 
tre line  of  Fourth  Avenue  to  its  junction  with  Stevens  Av- 
enue in  Fleetwood ;  thence  northerly  along  the  centre  line 
of  said  Stevens  Avenue  to  the  northern  boundary  line  of 
the  city;  thence  westerly  along  the  northern  boundary  line 
of  the  city  to  the  Bronx  River;  thence  southerly  along  the 
centre  line  of  the  Bronx  River,  as  the  same  winds  and  turns, 
to  the  southwesterly  corner  of  the  said  city  of  Mount  Ver- 
non ;  thence  easterly  to  the  centre  line  of  the  roadbed  of  the 
New  York  &  Harlem  Railroad;  thence  southerly  along  the 
centre  Hne  of  the  roadbed  of  the  said  New  York  &  Harlem 
Railroad  to  a  point  where  the  continuation  of  the  southerly 
boundary  line  of  lot  number  four  hundred  and  thirty,  map 
of  West  Mount  Vernon,  would  intersect  the  centre  line  of 
said  roadBed;  thence  easterly  and  along  the  southern  boun- 
dary line  of  said  lot  number  four  hundred  and  thirty,  to.  the 
centre  line  of  the  roadbed  of  the  New  York,  New  Haven 


&  Hartford  Railroad  Company;  thence  easterly  along  the 
centre  line  of  said  last  mentioned  roadbed  to  the  point  or 
place  of  beginning. 

Fifth  Ward.  Beginning  at  the  point  of  intersection  Oi 
the  centre  line  of  the  roadbed  of  the  New  York,  New  Haven 
&  Hartford  Railroad  Company  with  the  centre  line  of 
Fourth  Avenue  nmning  thence  easterly  along  the  centre  line 
of  said  roadbed  to  the  centre  line  of  the  Hutchinson  River 
or  Creek;  thence  northerly  along  the  centre  line  of  said 
Hutchinson  River  or  Creek  as  the  same  turns  and  winds  to 
the  northern  boundary  line  of  the  City  of  Mount  Vernon; 
thence  westerly  along  the  northern  boundary  line  of  said 
city  to  the  centre  line  of  said  Stevens  Avenue  in  Fleetwood ; 
thence  southerly  along  the  centre  line  of  said  Stevens  Av- 
enue to  Fourth  Avenue;  thence  southerly  along  the  centre 
line  of  Fourth  avenue  to  the  point  or  place  of  beginning. 
(As  amended  by  the  Laws  of  1901,  Chapter  329). 

Section  3.  The  Common  Council  shall  have  power,  by 
resolution  to  be  passed  by  a  vote  of  four-fifths  of  its  mem- 
bers, at  any  time  to  change  the  boundaries  of  the  several 
wards  of  the  city,  but  not  to  increase  the  number  of  wards. 
The  resolution  effecting  such  a  change  shall  be  published 
in  the  official  city  newspapers  for  two  successive  weeks  im- 
mediately after  its  passage ;  and  upon  the  completion  of  such 
publication  such  change  shall  thereupon  be  in  full  force  and 
efifect.    (As  amended  by  the  Laws  of  1901,  Chapter  329). 

Section  4,  The  said  corporation  shall  have  power  to 
sue  and  be  sued,  and  to  make  and  use  a  common  seal,  and 
to  alter  it  at  pleasure.  The  City  of  Mount  Vernon  shall  be 
the  successor  of  the  Village  of  Mount  Vernon,  and  shall 
succeed  to  all  the  rights  and  liabilities  of  said  village. 

TITLE  H. 
Of  the  officers  of  the  city,  their  election  and  their  terms 

of  office. 
Section  5.     The  elective  officers  of  the  city  shall  be  a 
Mayor,  a  City  Judge,  a  Comptroller,  a  City  Treasurer,  two 
Justices  of  the  Peace,  one  Receiver  of  Taxes  and  Assess- 


ments,  and  three  Assessors,  who  shall  be  elected  by  t^e 
electors  of  the  whole  city,  as  herein  otherwise  provided; 
five  Supervisors,  one  from  each  ward,  who  shall  be  elected 
by  the  electors  of  the  respective  wards,  and  shall  be  resi- 
dents therein  during  their  terms  of  office ;  and  two  Aldermen 
from  each  ward,  who  shall  be  elected  by  the  electors  of  their 
respective  wards  and  shall  be  residents  therein  during  their 
respective  terms.  The  said  Supervisors  and  Aldermen  shall 
also  be  freeholders  in  said  city  during  their  respective  terms 
of  office.    (As  amended  by  the  Laws  of  1901,  Chapter  202). 

Section  6.  All  the  officers  of  the  Village  of  Mount 
Vernon  now  in  office,  elective  or  appointive,  shall  continue 
to  remain  in  office  and  discharge  the  duties  of  their  respec- 
tive offices  until  successors  to  corresponding  offices  or  to 
offices  with  corresponding  duties  are  elected  or  appointed 
and  qualified  in  the  manner  provided  by  this  act ;  and  the 
President  and  Board  of  Trustees  of  said  Village  of  Mount 
Vernon  shall  act  as  Mayor  and  Common  Council  under  this 
act  until  their  successors  shall  be  elected  and  qualified  as 
provided  by  this  act;  and  when  such  successors  shall  be 
elected  and  qualify  and  enter  upon  the  discharge  of  their 
duties  the  terms  of  office  of  said  Trustees  and  President 
shall  cease  and  expire.  From  and  after  the  passage  of  this 
act  the  President  and  Board  of  Trustees  of  the  Village  of 
Mount  Vernon  shall  be  known  as  the  Mayor  and  Common 
Council  of  the  City  of  Mount  Vernon. 

Section  7.  All  general  laws  applicable  to  Inspectors 
of  Election,  election  districts  and  elections  shall  apply  to 
the  Inspectors  of  Election,  election  districts  and  elections 
under  this  act,  except  as  in  this  act  otherw^ise  provided  and 
except  that  for  the  first  election  to  be  held  under  the  pro- 
visions of  this  act  the  Common  Council  shall  appoint  three 
Inspectors  of  Election  (at  least  one  of  whom  shall  belong 
to  the  political  party  that  polled  the  second  highest  number 
of  votes  on  state  issues  in  said  election  district  at  the  last 
preceding  general  election  in  the  ward  in  which  such  elec- 
tion district  is  located)  for  each  election  district  to  be  created 
in  said  city  before   said  first   election,   and   said   Common 


8 

Council  shall  also  appoint  two  Ballot  Clerks  for  each  elec- 
tion district,  one  of  whom  shall  be  from  the  political  party 
that  polled  the  largest  number  of  votes  on  state  issues  at  the 
last  preceding  election,  and  the  other  from  the  party  that 
polled  on  state  issues  the  next  largest  number. 

Section  8.  A  general  city  election  shall  be  held  in  each 
of  the  wards  of  said  city  on  the  Tuesday  next  succeeding  the 
first  Monday  in  November  in  each  year  after  the  passage  of 
this  act,  at  such  places  in  the  several  wards  of  said  city 
as  shall  be  designated  by  the  Common  Council,  and  notice 
shall  be  given  of  such  election  by  the  City  Clerk,  under  the 
direction  of  the  Common  Council,  by  publishing  the  same  in 
the  two  official  newspapers  of  said  city  once  a  week  for  two 
successive  weeks.  (As  amended  by  the  Laws  of  1901,  Chap- 
ter 202 ). 

Section  9.  Special  elections  must  be  held  to  elect  city 
officers  or  to  fill  a  vacancy  in  office : 

*  I.  Where  at  any  election  authorized  by  this  act  an  of- 
ficer shall  not  be  chosen  by  reason  of  two  or  more  persons 
receiving  an  equal  number  of  votes  for  the  same  office. 

2.  Special  elections  shall  be  ordered  by  the  Common 
Council  within  ten  days  after  the  failure  to  elect,  and  shall 
be  held  within  ten  days  after  such  order.  Notice  thereof 
shall  be  published  at  least  five  days  previous  thereto.  At 
the  time  of  ordering  any  special  election,  the  Common  Coun- 
cil shall  appoint  a  day  for  registration  of  voters,  and  publish 
notice  thereof  with  the  notice  of  such  special  election.  The 
Inspectors  of  election  shall  prepare  and  use  a  register  of 
voters  for  such  special  election  in  the  same  manner  as  re- 
quired by  law  for  an  annual  city  election,  except  that  they 
shall  prepare  and  complete  such  register  and  the  necessary 
copies  thereof  upon  the  day  for  registration  appointed  by 
the  Common  Council. 

Section  10.  The  polls  of  the  election  shall  be  open  at 
six-thirty  o'clock  in  the  morning  and  shall  be  kept  open 
without  intermission  until  eight  o'clock  in  the  evening  at 
such  place  or  places  in  each  ward  as  the  Common  Council 


shall  appoint,  when  they  shall  be  finally  closed,  and  the  In- 
spectors shall  forthwith  without  adjournment,  canvass  the 
votes  received  by  them,  and  shall  make  and  certify  two  state- 
ments thereof,  one  of  which  shall  be  filed  forthwith  with 
the  City  Clerk  and  the  other  with  the  Clerk  of  Westchester 
County.    The  Inspectors  shall  judge  of  the  qualifications  of 
electors,  canvass  the  ballots,  and  make  out  and  place  in  the 
hands  of  the  Clerk  of  the  city,  a  certificate  containing  a 
statement  of  the  number  of  votes  cast  in  each  ward  for  each 
candidate  respectively,  and  the  Common  Council  shall,  on 
the  following  day  at  eight  o'clock  in  the  evening,  proceed 
to  canvass  such  certificates,  and  shall  cause  a  statement  of 
the  whole  number  of  votes  cast  for  each  candidate  to  be 
entered  on  their  minutes  and  shall  declare  those  persons 
elected  who  have  the  greatest  number  of  votes,  and  it  shall 
be  the  duty  of  the  Clerk  of  the  city  to  notify  the  several 
persons  so  duly  elected  of  their  election  within  five  days 
thereafter.     At  the  first  regular  meeting  of  the  Common 
Council  after  each  annual  election  the  persons  who  shall 
have  been  elected  at  said  last  election  shall  take  the  oath 
of  office  prescribed  by  the  constitution.     (As  amended  by 
the  Laws  of  1896,  Chapter  692)  . 

Section  11.  At  the  next  city  election  to  be  held  under 
the  provisions  of  this  act,  there  shall  be  chosen  a  Mayor 
to  succeed  the  Mayor  then  in  ofiice;  and  also  a  Comptroller 
and  persons  to  fill  the  places  of  all  other  elective  city  of- 
ficials, now  in  ofifice,  whose  terms  of  office  shall  expire  on  or 
before  June  fifteenth,  nineteen  hundred  and  two.  The  term 
of  office  of  the  Mayor  to  be  chosen  at  the  next  city  election 
after  the  passage  of  this  act,  shall  expire  on  the  ninth  day 
of  November,  nineteen  hundred  and  three,  and  shall  com- 
mence upon  the  expiration  of  the  term  of  the  present  Mayor, 
unless  the  present  incumbent  should  after  such  election  and 
before  the  termination  of  his  term  of  office  die,  or  for  any 
reason  whatever  be  incapable  of  holding  or  filling  such  of- 
fice through  disability,  sickness,  absence  or  disquahfication 
or  otherwise,  in  the  event  of  which  contingencies  or 'disa- 
bilities the  person  so  to  be  elected  shall  then  enter  upon 


10 

and  discharge  the  duties  of  said  office  of  Mayor.  The  city 
treasurer  and  receiver  of  taxes  and  assessments  to  be  elected 
at  said  next  city  election  shall  respectively  hold  office  from 
the  fifteenth  day  of  June,  nineteen  hundred  and  two,  to 
November  ninth,  nineteen  hundred  and  three.  Of  the  alder- 
men to  be  chosen  at  the  next  city  election,  there  shall  be 
elected  for  each  ward  one  alderman  to  succeed  the  alder- 
man whose  term  of  office  will  expire  on  the  fifteenth  day 
of  June,  nineteen  hundred  and  One,  and  the  other  to  succeed 
the  alderman  whose  term  of  office  will  expire  on  the  fifteenth 
day  of  June,  nineteen  hundred  and  two;  and  the  term  of 
the  latter  of  these  two  shall  commence  on  June  fifteenth, 
nineteen  hundred  and  two,  and  terminate  on  November, 
ninth,  nineteen  hundred  and  three ;  and  the  term  of  the  for- 
mer shall  be  for  one  year,  and  shall  commence  on  the  first 
Monday  of  November  next  after  his  election.  Of  the  super- 
visors to  be  chosen  at  said  next  city  election,  there  shall  be 
elected  one  for  the  fourth  ward,  whose  term  of  office  will 
expire  on  November  ninth,  nineteen  hundred  and  two;  and 
one  in  each  of  the  other  wards,  whose  term  of  office  will 
commence  on  June  fifteenth,  nfnete.en  hundred  and  two,  and 
expire  on  November  ninth,  nineteen  hundred  and  three. 
And  at  the  annual  city  election  next  preceding  the  expira- 
tion of  the  terms  of  the  supervisors  to  be  chosen,  in  the 
manner  in  this  section  designated,  their  successors  shall  be 
elected  for  a  term  of  two  years  respectively,  and  biennially 
thereafter.  Of  the  assessors  to  be  chosen  at  said  next  city 
election,  there  shall  be  elected  two:  One,  to  fill  the  place 
of  the  assessor  whose  term  of  office  will  expire  on  the 
fifteenth  day  of  June,  next,  and  whose  term  of  office  shall 
expire  on  the  first  Monday  after  the  annual  city  election 
in  the  year  nineteen  hundred  and  three;  and  the  other,  to 
fill  the  place  of  the  assessor  whose  term  of  office  will  expire 
on  the  fifteenth  day  of  June,  nineteen  Jiundred  and  two,  and 
whose  term  of  office  shall  expire  on  the  first  Monday  fol- 
lowing the  annual  city  election  in  the  year  nineteen  hun- 
dred and  four.  And  at  the  annual  city  election  to  be  held 
in  the  year  nineteen  hundred  and  two,  there  shall  be  chosen 


11 

one  assessor  to  fill-  the  place  of  the  assessor  whose  term  of 
office  will  expire  June  fifteenth,  nineteen  hundred  and  three, 
and  whose  term  of  office  shall  expire  on  the  first  Monday 
following  the  annual  city  election  in  the  year  nineteen  hun- 
dred and  five.  Thereafter  an  assessor  shall  be  chosen  at  each 
annual  city  election,  for  the  full  term  of  three  years,  to  com- 
mence on  the  first  Monday  following  such  election.  At  said 
annual  election  to  be  held  in  the  year  nineteen  hundred  and 
two,  there  shall  also  be  elected  a  justice  of  the  peace  to 
succeed  the  justice  whose  term  of  office  will  expire  on  the 
first  day  of  January,  in  the  year  nineteen  hundred  and  three ; 
and  biennially  thereafter  there  shall  be  elected  a  justice  of 
the  peace.  The  term  of  office  of  each  elective  officer  except 
justice  of  the  peace,  and  except  as  otherwise  hereinbefore  in 
this  section  provided,  shall  commence  on  the  first  Monday 
after  his  election.  The  term  of  office  of  each  justice  o\  the 
peace  shall  commence  on  the  first  day  of  January  next  after 
his  election,  and  shall  be  for  four  years.  (As  amended  by 
the  Laws  of  1901,  Chapter  202). 

Section  12.  The  appointive  officers  of  the  city  shall  be 
a  commissioner  of  public  works,  a  counsel  to  the  corpora- 
tion, a  city  clerk,  three  fire  commissioners,  one. commissioner 
of  charities  whose  salary  shall  be  six  hundred  dollars  per 
annum,  one  constable  for  each  ward,  and  one  poundmaster 
whose  salary  shall  be  five  hundred  dollars  per  annum,  all  of 
whom  siiall  be  nominated,  and  w^ith  the  consent  of  the  com- 
mon council,  appointed  by  the  mayor.  (As  amended  by 
Chapter  204,  Laws  of  1906). 

Section  13.  The  terms  of  office  of  all  appointive  of- 
ficers, heretofore  appointed,  or  hereafter  to  be  appointed 
by  the  mayor  now  in  office,  or  hereafter  to  be  appointed  on 
or  before  the  passage  of  this  act  by  the  person  performing 
the  duties  of  the  mayor,  shall  commence  as  soon  after  their 
appointment  as  they  may  qualify,  .as  provided  by  law ;  and 
shall  terminate  upon  the  completion  of  the  term  of  office 
for  which  the  mayor  appointing  them  was  elected,  and  until 
their  successors  in  office  have  been  duly  appointed  and. quali- 
fied.    (As  amended  by  the  Laws  of  1901,  Chapter  202). 


12 

Section  14.  Before  any  person  shall  be  so  appointed 
to  one  of  said  offices  the  common  council  shall  fix  the  maxi- 
mum rate  of  compensation  to  be  paid  for  performing  the 
duty  of  each  of  said  offices  (unless  such  compensation  shall 
be  fixed  by  this  act)  which  maximum  rate  shall  not  be 
changed  during  the  incumbency  of  the  appointee  next  there- 
after appointed  thereto,  except  with  the  consent  of  the 
mayor.  The  common  council  may  also,  prior  to  each  of  said 
appointments,  prescribe  the  duties  of  such  officers  in  addi- 
tion to  and  not  inconsistent  with  the  duties  prescribed  by 
this  act  and  subject  to  such  provisions  of  the  common  coun- 
cil and  to  the  provisions  of  this  act  the  mayor  shall  prescribe 
the  duties  of  all  officers  appointed  by  him  and  all  employes 
of  the  city. 

Section  15.  Every  person  appointed  or  elected  to  any 
office  under  this  act  before  entering  upon  the  same  shall 
take  the  oath  prescribed  by  the  constitution  of  this  state  and 
file  the  same  with  the  city  clerk.  The  mayor,  city  judge, 
justice  of  the  peace,  supervisors  and  city  clerk  shall  each  also 
file  an  oath  of  office  with  the  clerk  of  Westchester  coun- 
ty. Every  person  so  elected  or  appointed  who  neglects,  for 
fifteen  days  after  his  election  or  appointment  to  give  the 
bond  as  security  required  by  law  or  by  the  common  council 
under  this  act,  or  to  take  and  file  said  oath  of  office,  shall 
be  deemed  to  have  declined  the  office,  and  it  shall  be  vacant. 
An  office  shall  also  become  vacant  whenever  the  incumbent 
shall  have  been  removed  from  office  or  shall  have  died  in 
office  and  in  case  of  the  aldermen,  shall  have  removed  from 
their  respective  wards,  or  when  a  person  shall  have  died 
after  his  election  or  appointment  and  before  his  term  of  of- 
fice has  commenced,  or  in  case  of  any  elective  office  when 
such  officer  shall  during  his  term  cease  to  be  a  freeholder  of 
record  within  said  city.  (As  amended  by  the  Laws  of  1896, 
Chapter  692). 

Section  16.  Every  officer  shall  hold  his  term  of  office 
until  his  successor  shall  have  been  elected  or  appointed,  and 
shall  have  qualified,  unless  his  office  has  become  vacant,  as 
provided  in  this  act. 


13 

Section  17.  The  resignation  of  an  officer  must  be 
made  to  the  common  council  in  writing. 

Section  18.  The  mayor  may  be  removed  from  office 
by  the  governor,  in  the  same  manner  as  sheriffs,  except  that 
the  governor  may  direct  the  inquiry  provided  by  law,  to 
be  conducted  by  the  attorney-general,  and  after  charges 
have  been  received  by  the  governor^  he  may,  pending  the 
investigation  suspend  the  mayor  not  exceeding  thirty  days. 
Justices  of  the  peace  may  be  removed  from  office  in  the  same 
manner  as  justices  of  the  peace  of  towns.  The  supervisors, 
the  city  treasurer,  the  receiver  of  taxes  and  assessments, 
any  assessor,  any  alderman,  or  any  person  appointed  to  pub- 
lic office  by  the  mayor  may  be  removed  from  office  by  the 
common  council  for  incapacity,  official  malfeasance  or  non- 
feasance^  or  other  lawful  cause,  by  a  fQur-fifths  vote  of  its 
members  after  having  given  him  notice  and  opportunity  to 
be  heard  upon  the  charges  preferred.  An  alderman  under 
charges  shall  not  be  deemed  a  member  of  the  common  coun- 
cil in  any  action  taken  thereon.  (As  amended  by  the  I^aws 
of  1896,  Chapter  692). 

Section  19.  At  the  first  general  election  held  under 
the  provisions  of  this  act  there  shall  be  elected  two  alder- 
men for  each  ward  whose  respective  terms  of  office  shall 
be  determined  by  lot  by  the  common  council  at  their  first 
meeting  as  to  which  of  said  two  aldermen  for  each  ward 
shall  hold  office  for  one  year  and  which  for  two  years.  At 
each  general  city  election  thereafter  there  shall  be  elected, 
as  hereinbefore  provided,  one  alderman  from  each  ward 
in  the  place  of  the  alderman  from  such  ward  whose  term 
of  office  shall  next  thereafter  expire. 

Section  20.  At  the  first  general  election  held  under 
this  act  there  shall  be  elected  a  mayor,  a  supervisor,  a  city 
judge,  a  city  treasurer,  a  justice  of  the  peace,  one  receiver  of 
taxes  and  assessments  and  three  assessors,  who  shall  be 
elected  by  the  electors  of  the  city. 

Section  21.  No  person  shall  be  elected  or  appointed 
to  any  city  office,  unless  he  be  a  resident  elector  of  said 
city,  nor  to  any  ward  or  district  office  unless  he  be  a  resident 


14 

elector  of  the  ward  or  district  for  which  he  is  elected  or  ap- 
pointed, and  whenever  any  officer  of  said  city  shall  cease  to 
be  a  resident  of  said  city  or  the  ward  or  district  in  which 
he  was  elected  or  appointed,  his  office  shall  thereby  be- 
come vacant.  The  assessors  and  aldermen  shall  be  free- 
holders of  said  city.  No  property  qualification  other  than 
for  assessors  and  aldermen  shall  be  required  to  entitle  any 
one  to  hold  any  office  under  this  act. 

Section  22.  The  mayor  shall  hold  his  office  for  two 
years,  and  aldermen  shall  hold  their  office  for  two  years, 
except  as  otherwise  provided  in  this  act.  (As  amended  by 
the  Laws  of  1903,  Chapter  165). 

N.  B.  See  Section  3  of  Chapter  165,  Laws  of  1903, 
following  Section  43,  at  page  25. 

Section  23.  ^t  the  annual  city  election  to  be  held, 
under  this  act,  in  nineteen  hundred  and  three,  there  shall 
be  elected  a  city  judge,  who  shall  hold  his  office  from  the 
fifteenth  day  of  June,  nineteen  hundred  and  four,  to  the 
first  Monday  following  the  annual  city  election  to  be  held 
in  the  year  nineteen  hundred  and  seven;  and  every  fourth 
year  thereafter  a  city  judge  shall  be  elected  who  shafl  hold 
his  office  for  the  term  of  four  years  commencing  on  the 
Monday  following  his  election,  and  until  his  successor  shall 
qualify  and  enter  upon  his  office.  The  salai-y  of  the  city 
judge  shall  be  three  thousand  dollars  a  year,  payable  month- 
ly, upon  the  approval  of  the  common  council.  (As  amended 
by  the  law^s  of  1901,  Chapter  202). 

Section  24.  Each  justice  of  the  peace  of  the  town  of 
East  Chester,  residing  in  the  city  of  Mount  Vernon  when 
this  act  takes  effect,  shall  qualify  according  to  law  as  a  jus- 
tice of  the  peace  in  said  city,  and  shall  continue  to  hold  his 
office  for  the  balance  of  the  term  for  which  he  was  elected, 
in  the  same  manner  in  all  respects,  and  shall  possess  the 
same  powers  and  be  subject  to  the  same  JDrovisions  as  if  he 
had  been  elected  under  this  act.  At  the  first  election  under 
this  act  a  justice  of  the  peace  shall  be  elected  for  the  full 
term  of  four  years.  At  the  general  election  held  two  years 
after  said  first  election  a  justice  of  the  peace  shall  be  elected 


15 

for  the  full  term  of  four  years ;  and  every  second  year  there- 
after a  justice  of  the  peace  shall  be  elected  at  the  general 
annual  election.  The  term  of  each  justice  of  the  peace  elect- 
ed under  the  provisions  of  this  act  shall  begin  on  January 
first  next  after  his  election  and  shall  be  four  years. 

Section  25.  An  assessor  shall  be  elected  at  each  annual 
city  election,  who  shall  hold  his  office  for  three  years,  except 
as  herein  otherwise  pi-ovided ;  and  not  more  than  one  asses- 
sor shall  be  a  resident  of  any  one  ward,  as  herein  provided. 
Each  assessor  shall  receive  an  annual  salary  of  eighteen 
hundred  dollars,  payable  monthly  upon  the  approval  of  the 
common  council,  which  shall  be  in  full  for  all  services  to 
be  rendered  by  any  assessor  and  for  all  work  connected  with 
the  duties  of  the  office  of  assessor.  (As  amended  by  the 
Laws  of  1901,  Chapter  202). 

Section  26.  Each  constable  of  the  town  of  East  Ches- 
ter residing  in  the  city  of  Mount  Vernon  when  this  act  takes 
effect  shall  qualify  according  to  law  as  a  constable  of  said 
city,  and  shall  continue  to  hold  his  office  for  the  balance  of 
the  term  for  which  he  was  elected. 

Section  ^'j.  The  receiver  of  taxes  and  assessments  shall 
Hold  office  for  two  years.  Before  entering  upon  the  du- 
ties of  his  office  he  shall  enter  into  a  bond  to  the  city  of 
Mount  Vernon  in  such  penal  sum  as  shall  be  fixed  by  the 
common  council,  but  which  shall,  not  be  less  than  twenty 
thousand  dollars,  which  bond  must  be  approved  by  the 
common  council  and  filed  in  the  office  of  the  city  clerk. 

Section  28.  The  term  of  office  of  city  treasurer  shall 
be  two  years.  The  city  treasurer  shall,  before  entering  upon 
the  duties  of  his  office,  enter  into  a  bond  with  two  or  more 
sureties  in  such  penal  sum  as  may  be  fixed  by  the  common 
council,  which  bond  when  approved  by  the  mayor  shall  be 
immediately  filed  in  the  office  of  the  clerk  of  the  county  of 
Westchester,  and  the  common  council  shall  have  the  power 
to  increase  the  amount  of  said  bond  whenever,  in  their  dis- 
cretion, they  may  regard  it  to  be  advisable. 

Section  29.  (Repealed  by  Chapter  202  of  the  Laws  of 
1901). 


16 

Section  30.  If  any  officer  who  shall  be  required  by 
any  of  the  provisions  of  this  act,  or  by  any  ordinance  of 
the  common  council  to  execute  any  bond  before  or  after 
entering  upon  the  duties  of  his  office,  shall  fail  to  execute 
the  same  in  the  manner  prescribed  by  this  act,  or  by  any 
such  ordinance  within  ten  days  after  he  shall  have  been 
duly  notified  so  to  do,  the  common  council  may  declare 
his  office  vacant,  and  proceed  to  cause  the  same  to  be  filled 
in  the  manner  provided  in  this  act  in  cases  of  vacancies  in 
office. 

Section  31.  No  member  of  the  common  council  shall 
be  appointed  by  the  common  council  to  fill  any  office,  nor 
Nshall  any  alderman  or  the  mayor  be  in  any  manner,  directly 
or  indirectly,  interested  in  any  contract  to  which  the  city 
may  be  a  part}^,  and  any  such  contract  in  which  any  officer 
may  be  or  become  interested  shall  thereby  and  thereupon 
be  and  become  void. 

Section  2)^.  If  any  person  having  been  in  office  in  said 
city  shall  not,  within  ten  days  after  notification  and  request, 
deliver  to  his  successor  in  ofiice  all  property,  papers  and 
effects  of  every  description  in  his  possession  or  under  his 
control  belonging  to  the  said  city,  or  appertaining  to  the 
office  so  held,  he  shall  forfeit  and  pay  to  the  use  of  said 
city  one  hundred  dollars,  besides  all  damages  caused  by  his 
neglect  or  refusal  so  to  deliver. 

Section  33.  If  a  vacancy  shall  happen  in  an  elective 
office,  the  common  council  shall  fill  the  same  by  appoint- 
ment until  the  next  annual  election,  when  the  residue  of 
the  term  of  the  office,  if  there  be  any  unexpired,  of  the  of- 
ficers whose  term  shall  have  become  vacant,  shall  be  filled 
by  some  person  to  be  elected  to  such  office  for  the  residue  of 
such  term,  according  to  the  provisions  of  this  act. 

TITLE  III 
OF  THE  POWERS  AND  DUTIES  OF  OFFICERS.  . 
Of  the  mayor. 
Section  34.     The  mayor  of  the  city  of  Mount  Ver- 
non shall  be  the  chief  executive  magistrate  thereof,  and  shall 


17 

when  present  preside  at  all  meetings  of  the  common  council. 
It  shall  be  his  duty  to  take  care  that,  within  said  city,  the 
laws  of  this  state  and  ordinances  and  by-laws  passed  by  the 
common  council  be  faithfully  executed,  and  to  arrest,  or 
cause  the  arrest  of  all  persons  violating  the  same,  to  exercise 
a  constant  supervision  over  the  conduct  of  all  subordinate 
ofhcers;  to  nominate  and,  with  the  consent  of  the  common 
council,  appoint  all  appointive  officers;  to  receive  and  ex- 
amine into  all  complaints  against  them  for  misconduct  or 
neglect  of  duty,  and  to  report  the  facts  to  the  common  coun- 
cil ;  to  recommend  to  the  common  council,  from  time  to  time, 
such  measures  as  he  shall  deem  necessary  or  expedient  for 
them  to  adopt ;  to  expedite  or  cause  to  be  carried  out  all  such 
orders,  resolutions  or  ordinances  which  shall  have  passed 
the  common  council  for  the  expenditure  of  money,  or  of 
a  legislative  character,  and  if  he  approves  he  shall  indorse  his 
approval  thereon  in  writing,  and  sign  such  approval;  if  he 
disapproves  he  shall  return  such  transcript  to  the  common 
council  or  the  clerk  thereof,  with  his  objections  in  writing, 
which  shall  be  filed  by  the  clerk,  and  the  common  council 
shall,  at  its  next  meeting  thereafter,  proceed  to  reconsider 
such  ordinance,  resolution,  orders  or  acts  thus  dissapproved; 
and  if  the  same  shall  be  passed  by  two-thirds  of  all  the  mem- 
bers of  the  common  council  then  in  office,  the  same  shall 
have  full  force  and  effect  notwithstanding  the  objections  of 
the  mayor.  If  any  such  transcript  shall  not  be  returned  by 
the  mayor  to  the  common  council  or  clerk  within  ten  days 
after  it  shall  have  been  presented  to  him  (Sunday  excepted) 
such  ordinance,  resolution,  order  or  act  shall  have  full  force 
and  effect  in  like  manner  as  if  duly  approved  by  the  mayor, 
unless  the  term  of  office  of  mayor  shall  expire  within  ten 
days  after  such  transcript  shall  be  presented  to  him,  in  which 
case  such  ordinance,  resolution,  order  or  act  shall  have  no 
force.  iTe  shall  have  power  summarily  to  revoke  the  license 
of  any  hackman,  cartman,  or  for  the  exhibition  of  any  show. 
He  shall  have  power  summarily  to  hear,  try  and  determine 
any  complaint  against  any  appointed  officer  of  said  city  for 
misconduct  or  neglect  of  duty,  and  to  suspend  said  officer 


18 

until  the  next  meeting  of  the  common  council.  He  shall 
sign  all  appointments  made  by  the  common  council,  and 
all  warrants  ordered  by  the  common  council  for  the  pay- 
ment of  moneys  by  the  city  treasurer.  He  is  also  empower- 
ed to  enter  any  house  or  building  which  he  has  cause  to  sus- 
pect to  be  a  gambling  house,  or  to  be  inhabited  by  persons 
of  ill-fame,  or  to  which  persons  of  dissolute,  idle  or  disorder- 
ly character  resort,  and  to  disperse  the  same,  or  arrest  such 
persons  and  hold  them  until  they  can  be  dealt  with  before 
some  proper  magistrate  according  to  law.  He  shall  have 
power  to  administer  oaths  and  take  affidavits,  and  take  the 
proof  and  acknowledgment  of  deeds  within  said  city.  In 
case  the  mayor  shall  be  unable  to  perform  the  duties  of  his 
office  in  consequence  of  continued  sickness  or  absence  from 
the  city,  the  president  of  the  common  council,  who  is  to  be 
chosen  in  the  manner  hereinafter  to  be  provided  for  shall 
be  vested  with  all  the  powers,  and  perform  all  the  duties 
of  the  mayor  of  the  city,  until  the  mayor  shall  resume  his 
office,  or  the  vacancy  shall  be  supplied  according  to  law. 
The  mayor  of  the  city  of  Mount  Vernon  shall  possess  all 
the  powers  and  authority  conferred  upon  the  mayors  of 
cities  by  any  general  statute  of  the  state ;  he  shall  have  power 
to  apprehend  and  arrest  any  person  who  shall,  within  his 
view  of  said  city,  be  guilty  of  any  criminal  act  or  of  any 
violation  of  the  laws  or  statutes  of  the  state ;  he  may  also 
upon  complaint  being  made  to  him  under  oath,  issue  a  war- 
rant to  the  chief  of  police^  or  any  police  officer  in  the  city 
of  Mount  Vernon,  to  arrest  any  person  charged  with  any 
crfme  or  misdemeanor,  or  with  any  violation  of  any  law  or 
statutes  of  said  state,  within  such  city,  and  bring  such  per- 
sons for  examination  or  trial  either  before  him,  the  said 
mayor  or  before  the  city  judge  or  acting  city  judge.  Any 
such  warrant  may  be  executed  by  any  officer  to  whom  it 
is  directed,  at  any  place  within  the  state.  If  such  process 
shall  be  made  returnable  before  the  city  judge  or  acting 
city  judge,  such  officer,  upon  the  same  being  returned  to 
him,  or  the  prisoner  arrested  by  virtue  thereof  being  brought 
before  him,  shall  take  and  acquire  jurisdiction  of  the  subject 


19 

matter  and  proceed  with  the  case  to  the  same  extent  and 
in  the  same  manner,  in  all  respects,  as  if  such  process  had 
been  originally  issued  by  him.  Whenever  any  person  shall 
be  arrested  by  the  mayor  of  said  city  for  any  offense  com- 
mitted within  his  view  or  by  process  originally  returnable  be- 
fore himself,  he  may,  by  an  order  in  writing,  transfer  the 
case  to  the  city  judge,  who  shall  thereupon  take  and  acquire 
jurisdiction  and  proceed  with  such  case  in  the  same  manner 
and  to  the  same  extent  as  if  such  person  had  been  arrested 
or  such  process  originally  issued  by  him. 

Section  35.  The  mayor  shall,  from  time  to  time,  re- 
commend to  the  common  council  such  measures  as  he  shall 
deem  expedient;  and  also  submit  annually  a  report  of  the 
financial  transactions  of  the  city  for  the  past  fiscal  year. 
Such  report  shall  be  submitted  to  the  Common  Council  at 
least  ten  days  before  the  annual  election,  and  printed  and 
circulated  under  its  direction.  The  fiscal  year  shall  com- 
mence on  the  first  day  of  May. 

Of  the  aldermen. 

Section  2,^.  It  shall  be  the  duty  of  every  alderman  in 
said  city  to  attend  the  regular  and  special  meetings  of  the 
Common  Council;  to  act  upon  committees  when  thereunto 
appointed  by  the  mayor  or  Common  Council ;  to  arrest  or 
cause  to -be  arrested  all  persons  violating  the  laws  of  this 
state  or  the  ordinances,  by-laws  or  police  regulations  of  the 
city ;  to  report  to  the  mayor  all  subordinate  ofificers  who  are 
guilty  of  any  official  misconduct  or  neglect  of  duty,  and  to 
aid  in  maintaining  peace  and  good  ^order  in  the  city  and  to 
perform  or  to  assist  in  performing  all  such  duties  as  are 
enjoined  upon  the  aldermen  of  said  city,  separately,  or  up- 
on the  Common  Council  thereof. 

Section  ^^y.  The  aldermen  of  each  ward  shall  be  fence- 
viewers^  and  shall  possess  all  the  powers  and  authority  in 
respect  to  division  fences  or  walls  in  their  respective  wards 
which  are  given  by  law  to  town  fence-viewers  with  respect 
to  division  fences. 

Of  the  supervisors. 

Section  ^8.     The  said  city- shall  be  entitled  to,  and  have 


20 

five  supervisors,  who  shall  have  the  same  powers  and  duties 
as  supervisors  in  any  town  in  the  county  of  Westchester, 
except  as  otherwise  provided  in  this  act,  and  shall  be  mem- 
bers of  the  board  of  supervisors  of  the  county  of  Westchest- 
er. They  shall  receive  the  same  compensation  allowed  by 
law  in  the  same  manner  as  other  supervisors  of  towns.  The 
said  supervisors  shall  be  chosen  in  the  manner  following: 
the  supervisor  of  said  city  in  of^ce  at  the  time  of  the  pass- 
age of  this  act,  shall  continue  in  office  and  represent  said 
city  as  a  supervisor  of  the  fourth  ward  therein,  wherein  he 
now  resides.  And  immediately  after  this  act  takes  effect, 
the  mayor  of  said  city  shall,  with  the  approval  of  the  Board 
of  Aldermen  thereof  appoint  from  among  the  residents  of 
each  ward  of  said  city,  except  the  fourth,  a  male  person  as 
supervisor  to  represent  respectively  the  first,  second,  third 
and  fifth  wards  of  said  city,  to  serve  as  such  until  the  fifteenth 
day  of  June  next  following  such  appointment,  and  whose 
successors  in  office  shall  be  elected  at  the  next  city  election 
in  sakl  city  after  such  appointments  are  made,  by  the  elect- 
ors in  their  respective  wards.  And  the  supervisor  of  said 
fourth  ward  shall  be  elected  at  the  city  election  next  preced- 
ing the  expiration  of  the  term  of  office  of  the  present  su- 
pervisor of  said  ward,  by  the  electors  thereof,  and  his  suc- 
cessor shall  be  elected  at  the  city  election  held  every  two 
years  thereafter.  Such  appointments  by  the  mayor  shall  be 
designated  by  him  in  writing  and  filed  in  the  office  of  the 
city  clerk  of  said  city,  and  also  in  the  office  of  the  county 
clerk  of  said  county  of  Westchester.  The  city  clerk  shall 
thereafter  immediately  notify  said  appointees  of  their  ap- 
pointments, and  after  they  have  qualified  by  taking  the  con- 
stitutional oath  of  office  in  writing  and  filed  the  same  in 
the  office  of  said  city  clerk,  the  city  clerk  shall  issue  to  each 
of  said  persons,  a  certificate  of  his  appointment,  showing 
that  he  has  duly  qualified  as  required  by  this  section,  and 
upon  presentation  of  such  certificate  to  the  Board  of  Super- 
visors of  said  county,  such  persons  shall  be  recognized  by 
said  Board  of  Supervisors  of  said  county  and  their  success- 
ors in  office,  and  be  allowed  to  take  their  seats  as  members 


21 

of  said  board,  and  participate  in  all  the  deliberations  and 
proceedings  of  said  board,  during  their  terms  of  office.  (As 
amended  by  the  Laws  of  1896,  Chapter  205). 

Section  4,  Laws  1896,  Chapter  205 : 

Wherever  the  word  "Supervisors"  occurs  in  said  Chap- 
ter one  hundred  and  eighty-two  of  the  Laws  of  eighteen 
hundred  and  ninety-two  it  shall  be  deemed  to  apply  to  the 
supervisors  of  said  city  as  a  whole,  or  any  one  of  them,  as 
the  case  may  be,  except  as  in  this  act  otherwise  provided. 

Section  39.  The  city  of  Mount  Vernon  shall  be  con- 
sidered a  town  for  the  purpose  specified  in  title  three, 
chapter  ten,  article  second  of  the  Code  of  Civil  Procedure 
respecting  the  selecting,  drawing  and  procuring  of  jurors, 
and  the  supervisors  of  such  city  and  assessor  of  said  city 
shall  execute  the  duties  of  the  supervisor,  town  clerk  and 
assessors  of  a  town  as  prescribed  by  said  article,  and  a  du- 
plicate list  of  jurors  selected  by  them  shall  be  filed  in  the 
office  of  the  clerk  of  said  city. 

Of  the  assessors. 

Section  40.  The  assessors  shall  possess  the  powers 
and  perform  the  duties  of  assessors  of  towns  of  this  state  in 
reference  to  the  assessment  of  property  within  the  city,  ex- 
cept as  otherwise  herein  provided.  They  shall  assess  all  real 
property  liable  to  taxation  lying  within  the  corporate  limits 
of  the  city;  and  no  real  property  lying  in  any  adjoining  town, 
village  or  city  shall  be  assessed  by  them,  nor  shall  any  real 
property  lying  within  the  city  of  Mount  Vernon  be  assessed 
by  the  assessors  of  an  adjoining  town,  village  or  city.  They 
shall  make  a  separate  assessment-roll  for  each  ward.  On  com- 
pleting the  assessment-rolls,  which  shall  be  done  on  or  be- 
fore the  first  day  of  September  of  each  year,  they  shall  de- 
posit the  same  in  the  office  of  the  city  clerk.  They  shall 
then  publish  in  the  official  city  newspapers  once  in  each 
week,  for  two  successive  weeks,  a  notice  that  the  assessment- 
rolls  are  completed  and  deposited  in  the  office  of  the  city 
clerk  where  they  may  be  examined  by  any  person  for  twenty 
days  next  after  the  first  publication  of  such  notice ;  and  that 
the  assessors  will  attend  during  the  last  five  of  said  twenty 


days,  exclusive  of  Sunday,  at  the  office  of  the  city  clerk  be- 
tween the  hours  of  ten  o'clock  in  the  morning  and  nine 
o'clock  in  the  evening  to  review  their  assessments.  Such 
notice  shall  also  be  posted  by  hand-bills.  The  assessors  shall 
have  power,  before  and  on  such  review  to  substitute  the 
words  "unknown  owner"  for  the  name  of  the  owner  of  any 
property  assessed  by  them  when  they  shall  not  have  been 
able  to  ascertain  the  name  of  the  owner.  For  the  valid  as- 
sessment of  any  land  it  shall  be  sufficient  to  give  the  name 
of  the  owner,  when  known,  the  lot  number,  if  any  on  any 
designated  map,  and  the  assessed  value.  An  error  in  the 
name  of  the  owner  shall  not  invalidate  the  assessment.  Dur- 
ing the  said  twenty  days  they  shall  review  and  correct  said 
rolls,  and  within  thirty  days  thereafter  A^erify  and  deliver  the 
same  to  the  city  clerk  to  be  filed  in  his  office.  During  the 
time  the  assessors  are  reviewing  and  competing  said  rolls 
they  shall  have  the  power  to "  insert  therein  any  property 
liable  to  taxation,  and  the  assessment  therefor,  w^hich  may 
have  been  omitted  therefrom,  after  first  giving  to  the  owner 
thereof  personal  notice  in  writing  of  not  less  than  five  days, 
to  attend  at  a  time  and  place  to  be  therein  stated,  and 
show  cause  why  any  specified  corrections  shall  not  be  made. 
The  assessors  shall  also  assess  the  expenses  of  all  improve- 
ments named  in  section  one  hundred  and  eighty-one  of  title 
seven  of  this  act,  and  the  Common  Council  shall  provide 
an  office,  at  which  one  or  more  of  the  assessors,  as  deter- 
mined by  the  Common  Council,  shall  -attend  in  relation 
thereto  during  such  times  as  the  Common  Council  shall  pre- 
scribe. If  the  Common  Council  shall  require  the  attendance 
of  less  than  the  whole  number  of  assessors,  the  assessors 
shall  designate  which  of  their  number  shall  attend.  In  ad- 
dition to  the  compensation  to  be  paid  such  assessors,  each 
of  the  assessors  shall  receive  for  the  additional  duties  im- 
posed upon  him  by  this  act,  such  compensation  as  the  Com- 
mon Council  shall  determine.  For  the  violation  of  their 
duties  such  assessors  shall  forfeit  to  the  city  a  penalty  of 
two  hundred  and  fifty  dollars,  to  be  recovered  in  the  name 
of  the  citv. 


23 

Section  41.  The  Common  Council  shall  be  vested  with 
the  exclusive  power  to  correct  the  assessment-roll  in  respect 
to  taxes  imposed  by  virtue  of  this  act.  The  city  clerk  shall 
correct  all  clerical  errors  in  the  descriptions  or  valuation  of 
property  under  the  direction  of  the  Common  Council,  and 
make  a  correct  and  exact  copy  of  the  assessment-roll  so 
made  as  aforesaid,  and  certify  the  same  to  be  correct  and 
deliver  the  said  copy  to  the  supervisor  of  the  said  city,  on 
or  before  the  first  day  of  November  in  each  year,  to  be  by 
him  presented  to  the  Board  of  Supervisors,  as  and  for  the 
tax  roll  of  the  city. 

Of  the  city  clerk. 

Section  42.  The  clerk  of  said  city  shall  have  the  cus- 
tody of  the  records,  books  and  papers  of  the  said  city;  he 
shall  attend  all  meetings  of  and  act  as  clerk  of  the  Com- 
mon Council ;  and  he  shall  record  in  the  manner  prescribed 
by  the  said  council  their  ordinances,  rules,  regulations, 
by-law%  resolutions  and  proceedings,  and  the  proceedings 
at  elections  and  meetings  of  the  inhabitants  of  said  city, 
and  perform  such  other  duties  as  the  Common  Council  may 
direct.  The  books  and  papers  in  the  office  of  the  said  clerk 
shall  at  all  times  on  demand,  be  produced  for  inspection  to 
any  taxable  inhabitant  of  said  city  and  upon  like  demand 
and  the  tender  of  fees  at  the  rate  of  ten  cents  per  folio  there- 
for, he  shall  furnish  copies  of  any  papers  or  records  filed 
with  him  as  said  clerk.  Copies  of  all  papers  duly  filed  in  his 
office,  and  transcripts  from  the  records  of  said  city,  certified 
by  him  under  the  corporate  seal,  shall  be  evidence  in  all 
courts,  and  in  all  actions  or  proceedings,  in  like  manner  as 
if  the  originals  were  produced.  His  office  is  hereby  declared 
a  town  clerk's  office  for  the  purpose  of  depositing  and  filing 
therein  all  books  and  papers  required  by  law  to  be  filed  in 
the  tow^n  clerk's  office,  and  he  shall  possess  all  the  powers 
and  discharge  all  the  duties  of  a  town  clerk  except  so  far  as 
the  same  shall  be  inconsistent  with  other  provisions  of  this 
act.  He  shall  keep  an  accurate  account  of  all  moneys  re- 
ceived by  him  belonging  to  the  city  and  shall  within  ten 
days  after  the  receipt  of  any  money  by  him  pay  the  same 


24 

over  to  the  treasurer  of  the  city,  for  which  he  shall  take  a 
receipt  from  such  treasurer  and  file  the  same  in  his  ofhce, 
and  have  all  such  receipts  at  all  times  ready  for  examination 
by  the  mayor,  the  Common  Council  or  any  member  thereof. 
He  shall  also  keep  an  accurate  account  of  all  expenditures 
by  said  city,  which  account  shall  be  kept  in  such  manner  as 
the  Common  Council  shall  direct.  All  moneys  shall  be  drawn 
from  the  treasury  in  pursuance  of  the  order  of  the  Common 
Council  by  a  Avarrant  upon  the  city  treasurer,  signed  by  the 
mayor  or  presiding  officer  of  the  Common  Council  and 
countersigned  by  the  clerk  and  comptroller.  Such  warrant 
shall  specify  for  what  purpose  the  amount  therein  named  is 
paid,  and  to  what  fund  chargeable ;  and  the  clerk  shall  keep 
an  accurrate  account  of  all  warrants  drawn  on  the  treasurer 
in  a  book  to  be  provided  for  that  purpose,  specifying  the 
number  of  each  warrant,  the  purpose  for  which  issued  and 
the  number  of  the  voucher  and  date  of  resolution  upon  which 
it  is  issued.  The  city  clerk  shall  also  act  as  clerk  to  the 
commissioner  of  public  works.  The  city  clerk  shall  receive 
for  his  services,  payable  monthly,  a  salary  of  two  thousand 
dollars  per  annum.  Before  entering  upon  his  duties  the 
city  clerk  shall  make  and  execute  a  bond  to  the  city  of 
Mount  Vernon  with  sufficient  sureties  to  be  approved  by  the 
Common  Council  in  a  penal  sum  of  three  thousand  dollars 
conditioned  for  the  faithful  discharge  of  his  duties  as  such 
clerk.     (As  amended  by  the  Laws  of  1896,  Chapter  692). 

Of  the  treasurer. 
Section  43.  The  treasurer  shall  receive  all  moneys  di- 
rected to  be  paid  into  the  treasury  of  said  corporation  and 
pay  out  the  same,  and  shall  render  an  account  of  the  state 
of  the  finances  to  the  Common  Council  when  ordered  by 
them,  and  shall  deliver  all  books,  papers  and  property  of  the 
corporation  in  his  hands  to  his  successor  in  office  on 
demand.  No  money  shall  be  paid  by  the  treasurer,  for  any 
purpose,  unless  directed  and  appropriated  by  a  previous 
vote  of  the  Common  Council,  upon  a  draft  signed  by  the 
city  clerk  and  countersigned  by  the  mayor  for  the  time  be- 
ing; and  the  treasurer,  in  his  settlement  with  the  Common 


25 

Council  shall  be  allowed  for  no  moneys  except  such  as  are 
paid  out  as  above.  It  shall  be  the  duty  of  the  treasurer, 
during  the  month  of  April,  in  each  year,  to  make  a  state- 
ment of  his  accounts,  including  all  moneys  received  by  him, 
whether  of  principal  or  interest,  and  the  manner  in  which 
he  has  expended  or  disbursed  the  same,  which  statement 
shall  be  verified  by  his  "oath  and  presented  to  the  Common 
Council  for  their  inspection  and  approval.  It  shall  also  be 
the  duty  of  said  treasurer  to  keep  accurate  accounts  of  all 
moneys  received  and  disbursed  by  him  as  such  treasurer 
in  such  manner  and  form,  and  subject  at  all  times  to  such 
examination  as  the  Common  Council  shall  prescribe.  (As 
amended  by  the  Laws  of  1903,  Chapter  165). 

AMENDMENTS. 
Section  3  of  Chapter  165  of  the  Laws  of  1903. 


Section  3.  At  the  next  general  election  to  be  held  in 
said  city  of  Mount  Vernon,  there  shall  be  submitted  to  a 
vote  of  the  duly  qualified  voters  of  said  city,  the  question 
of  the  compensation  of  the  mayor,  aldermen  and  treasurer  of 
said  city;  and  for  this  purpose  the  city  clerk  shall  provide 
and  deliver  to  the  inspectors  of  election  at  each  of  the  poll- 
ing places  in  said  city,  before  the  opening  of  the  polls  on  the 
day  of  said  election,  sufiicient  printed  ballots  for  the  use  of 
the  electors  to  vote  on  this  question,  which  ballots  shall  be 
endorsed  "amendments  to  the  city  charter,"  and  shall,  as 
the  same  are  voted,  be  deposited  in  a  ballot  box,  to  be  spe- 
cially provided  therefore,  marked  ''amendments  to  the  city 
charter."  Upon  the  inside  of  such  ballot  shall  be  printed  thre 
amendments  or  questions  to  be  voted  upon,  to  wit,  the 
words,  ''compensating  the  mayor  and  aldermen,  and  increas- 
ing the  salary  of  the  city  treasurer."  Opposite  and  before 
such  amendments  or  questions  so  to  be  submitted,  shall  be 
printed  two  squares  inclosed  in  ruled  lines,  one  above  the 
other.  Preceding  the  upper  one  of  such  squares  shall  be 
printed  the  word  "yes,"  and  preceding  the  lower  one  of  such 
squares  shall  be  printed  the  word  "no."     And  said  ballots 


26 

shall,  in  all  other  respects,  conform  to  section  eighty-two 
of  chapter  nine  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  ninety-six,  as  amended  by  chapter  five  hun- 
dred and  ninety-eight,  of  the  laws  of  nineteen  hundred  and 
one.  The  inspectors  of  election  of  said  city  shall,  at  the 
close  of  said  election,  canvass  the  said  votes,  and  make  a 
certificate  thereof,  and  immediately  file  the  same  with  the 
city  clerk  of  said  city.  The  Common  Council  of  said  city 
shall  convene  on  the  day  following  said  election,  at  eight 
o'clock  in  the  evening,  at  which  time  the  said  certificates 
from  each  polling  place  shall  be  produced,  and  shall  forth- 
with proceed  to  canvass  such  certificates;  and  thereupon 
shall  cause  a  statement  of  such  canvass  to  be  entered  in  full 
on  their  minutes,  showing  the  result  of  such  election.  In 
case  a  majority  of  the  votes  cast  at  said  election  shall  be  in 
favor  of  said  amendments  or  questions  voted  upon,  the 
Common  Council  shall  thereafter  cause  to  be  paid  to  the 
mayor  of  said  city  an"  annual  salary  of  one  thousand  dollars 
per  annum,  and  to  each  alderman,  an  annual  salary  of  five 
hundred  dollars  per  annum,  and  to  the  city  treasurer,  an 
annual  salary  of  one  thousand  dollars  per  annum,  such  sal- 
aries to  be  payable  monthly.  In  case  a  majority  of  the  votes 
cast  at  said  election  shall  be  against  such  amendments  or 
questions,  the  salary  of  the  city  treasurer  of  said  city  shall 
continue  to  be  the  sum  of  five  hundred  dollars  per  annum, 
and  shall  thereafter  be  paid  by  said  Common  Council  month- 
ly to  such  ofificer  and  until  the  time  for  holding  the  next 
general  election  in  said  city  the  salary  of  the  said  city  treas- 
urer shall  be  at  the  rate  of  five  hundred,  dollars  per  annum, 
and  to  be  paid  by  said  Common  Council  monthly  to  such 
officer.  (The  result  of  such  election  was  in  favor  of  payment 
of  such  salaries.     See  mmutes  of  citv  clerk.  Book  29,  page 

398). 

Of  the  receiver  of  taxes. 

Section  44.     The   receiver   of   taxes   and   assessments 

within  fifteen  days  after  his  election,  shall  make  and  execute 

as  such,  a  bond  to  the  city  of  Mount  Vernon,  with  sufficient 

sureties,  who  shall  be  freeholders  within  and  residents  of 


27 

the  city,  in  a  penal  sum  of  twenty  thousand  dollars  condi- 
tioned for  the  faithful  discharge  of  his  duties,  and  that  he 
will  account  for  and  pay  over  all  moneys  received  by  him  as 
sucTi  receiver,  which  bond  must  be  approved  by  the  Com- 
mon Council  and  filed  with  the  city  clerk  before  he  enters 
upon  the  duties  of  his  office.  Such  bond  shall  be  a  lien  up- 
on the  real  estate  of  the  said  receiver  and  his  respective 
sureties,  until  cancelled  and  discharged.  The  salary  of  the 
receiver  of  taxes  and  assessments  shall  be  at  the  rate  of  two 
thousand  dollars  per  year. 

^Section  45.  The  Common  Council  shall  provide  an 
office  for  the  receiver  of  taxes  and  assessments  at  which 
he  shall  receive  payment  of  taxes  and  assessments.  Such 
office  shall  be  kept  open  daily,  Sundays  and  legal  holidays 
alone  excepted,  from  nine  o'clock  in  the  morning  until  four 
o'clock  in  the  afternoon,  and  for  one  month  after  receipt 
by  him  of  any  warrant  for  collection  of  taxes,  from  eight 
o'clock  in  the  morning  until  eight  o'clock  in  the  evening. 

Section  46.  The  receiver  of  taxes  and  assessments 
shall  have  power  to  appoint  as  deputy  receiver  of  taxes  and 
assessments  a  person  approved  in  writing  by  the  sureties  of 
the  receiver  of  taxes  and  assessments.  He  shall  possess  the 
powers  of  the  receiver  of  taxes  and  assessments.  The  re- 
ceiver of  taxes  and  assessments  and  his  bondsmen  shall  be 
responsible  to  the  city  for  the  acts  of  said  deputy.  The  ap- 
pointment, the  approval  of  said  sureties  thereto,  and  the 
oath  of  office  of  said  deputy,  shall  be  filed  with  the  city 
clerk.  The  compensation  of  said  deputy  receiver  shall  be 
paid  by  the  receiver  of  taxes  and  assessments,  who  may  re- 
move him  at  pleasure. 

Section  47.  The  receiver  of  taxes  and  assessments, 
upon  receiving  any  warrant  for  the  collection  of  taxes  or 
assessments,  shall  cause  to  be  published  once  a  week  for 
four  successive  weeks,  in  the  official  city  newspapers,  a  no- 
tice that  he  has  received  such  warrant.  Such  notice  shall 
designate  his  office  hours,  the  place  where  he  will  attend  to 
receive  taxes  or  assessments,  and  the  rate  of  interest,  and 


28 

the  percentage  to  be  paid  thereon.     (As  amended  by  the 
Laws  of  1904,  Chapter  128). 

Section  48.  The  receiver  of  taxes  and  assessments 
shall  receive  all  taxes  and  assessments  for  the  collection  of 
v^hich  warrants  shall  be  issued  to  him.  All  provisions  of 
law  relating  to  collectors  of  towns,  not  inconsistent  with 
this  act,  shall  apply  to  the  receiver  of  taxes  and  assessments,, 
except  that  he  is  not  required  to  call  personally  upon  or  at 
the  place  of  residence  of  any  person  to  demand  payment  of 
a  tax  or  assessment,  and  that  he  shall  not  levy  taxes  or  as- 
sessments by  distress  and  sale.  The  receiver  of  taxes  and 
assessments  shall  deposit  daily  with  the  city  treasurer  all 
moneys  received  by  him  by  virtue  of  any  warrant,  and  take 
receipts  m  duplicate  therefor. 

Section  49.  The  said  receiver  must  enter  daily,  in 
suitable  books  to  be  kept  for  that  purpose,  the  sums  re- 
ceived by  him  for  taxes,  assessments,  interest,  percentage, 
the  expense  of  publication,  .respectively,  in  separate  columns 
opposite  the  name  of  the  person  from  whom  received,  and 
each  day's  receipts  must  be  kept  separately;  and  on  the 
first  day  of  each  month,  he  shall  make  a  report  thereof  to 
the  Common  Council,  containing  a  transcript  therefrom, 
and  showing  in  detail  the  daily  amount  of  taxes,  assessments 
and  interest  entered  respectively  opposite  the  names  of  the 
persons  from  whom  received.  The  receiver  must  enter  on 
the  tax-rolls  and  assessment-lists,  as  taxes  and  assessments 
are  paid,  in  a  column  opposite  the  name  of  the  person  or  the 
property  assessed,  the  word  "paid"  and  the  date  of  pay- 
ment.    (As  amended  by  the  Laws  of  1901,  Chapter  202). 

Section  50.  If  the  receiver  of  taxes  and  assessments 
shall  not  pay  all  moneys  received  by  him,  as  directed  to  be 
paid,  or  shall  neglect  or  refuse  to  exhibit  his  books  and  ac- 
counts to  the  mayor,  or  any  person  designated  by  him,  or 
to  do  any  act  lawfully  enjoined  upon  him  the  mayor  shall 
forthwith  suspend  the  said  receiver  from  office,  and  call  a 
special  meeting  of  the  Common  Council,  to  be  held  within 
three  days  thereafter,  at  which  meeting  he  shall  report  such 
suspension  and  his  reasons  therefor.     Upon  such  suspen- 


29 

sion  the  mayor  shall  forthwith  take  possession  of  the  office 
of  said  receiver,  and  of  all  his  warrants,  books  and  papers, 
and  shall  appoint  a  person  to  perform  the  duties  of  his  of- 
fice protempore.  At  the  time  of  making  such  appointment 
the  mayor  shall  take  from  the  person  so  appointed  a  bond, 
in  the  same  form  and  with  like  penalty  and  sureties  as  is  re- 
quired from  the  receiver  of  taxes  and  assessments,  which 
bond  shall  be  approved  by  him,  and  filed  with  the  city  clerk, 
and  the  provisions  of  this  act  as  to  the  duties,  powers  and 
liabilities  of  the  receiver  of  taxes  and  assessments  shall  apply 
to  any  person  so  appointed  and  to  his  sureties. 

Section  51.  Within  fifteen  days  after  the  time  speci- 
fied in  any  warrant  for  its  return,  or  if  the  time  of  its  return 
be  extended,  then  within  fifteen  days  from  the  time  to  which 
its  return  shall  have  been  extended^  the  receiver  of  taxes 
and  assessments  shall  make  and  deliver  to  the  Common 
Council  a  return  of  all  taxes  or  assessments  mentioned  in  the 
tax-roll  or  assessment-list  remaining  unpaid  at  the  time  of 
making  such  return;  and  upon  making  oath  that  the  sums 
mentioned  in  said  return  remain  unpaid,  he  shall  be  credited 
by  the  Common  Council  with  the  amount  thereof.  Two 
per  centum  shall  be  added  to  the  several  sums  of  unpaid 
taxes  and  assessments  so  returned,  which  shall  become  a 
part  of  and  collected  with  such  unpaid  taxes  and  assess- 
ments, and  shall  go  to  the  credit  of  the  city.  The  receiver 
of  taxes  and  assessments  may  receive  payment  of  taxes  and 
assessments  under  such  warrant  until  the  delivery  of  said 
return  to  the  Common  Council. 

Section  52.  The  receiver  of  taxes  and  assessments 
shall,  on  the  first  day  of  May  in  every  year,  present  to  the 
Common  Council  a  detailed  statement  of  his  accounts  show- 
ing separately  all  the  moneys  received  by  him  on  such  war- 
rant during  the  preceding  year,  for  what  purposes,  and  the 
amount  remaining  unpaid  under  each  warrant,  which  ac- 
count shall  be  verified  by  his  oath,  and  accompanied  with 
vouchers  for  all  moneys  paid  by  him. 

Section  52-a.  The  comptroller,  within  thirty  days 
from  the  fifteenth  day  of  June,  nineteen  hundred  and  two. 


30 

shall  appoint  a  clerk  of  arrears  of  taxes  and  assessments, 
who  shall  have  an  annual  salary  of  fifteen  hundred  dollars 
per  year.  It  shall  be  the  duty  of  the  clerk  of  arrears  of 
taxes  and  assessments  to  tabulate  and  enter  in  proper  form 
in  a  book,  or  hooks,  to  be  kept  for  that  purpose,  in  the  of- 
fice of  the  receiver  of  taxes  and  assessments,  a  number,  rec- 
ord and  description  of  each  lot,  piece  or  parcel  of  land  sub- 
ject to  tax  or  assessment  within  the  city  of  Mount  Ver- 
non, with  the  name  of  the  reputed  owner,  owners  or  occu- 
pant, if  known,  and  if  the  n^me  of  the  owner  or  owners  can- 
not be  ascertained,  then  the  said  lot,  piece  or  parcel  of  land 
shall  be  designated  and  described  therein  as  unknown.  It 
shall  be  the  duty  of  the  clerk  of  arrears  of  taxes  and  assess- 
ments to  enter  opposite  each  such  lot,  piece  or  parcel  of  land 
in  a  detailed  form  all  taxes  and  assessments,  with  the  pen- 
alty and  expenses  due  against  each  of  the  said  lots,  pieces  or 
parcels  of  land,  together  with  a  statement  of  the  rate  of  in- 
terest on  each  item  thereof,  together  with  the  date  from 
which  said  interest  accumulates  up  to  and  including  July 
first,  nineteen  hundred  and  two,  and  to  continue  such  rec- 
ord, adding  thereto  from  time  to  time  all  arrearages  of  taxes 
and  assessments  as  the  same  shall  accrue.  The  said  rec- 
ords of  the  clerk  of  arrears  of  taxes  and  assessments  shall 
not  contain  a  statement  of  the  last  annual  tax  levied,  but 
shall  contain  all  other  taxes  and  assessments  levied  against 
each  lot,  piece  or  parcel  of  land  as  hereinbefore  provided. 
The  said  records  of  the  clerk  of  arrears  of  taxes  and  assess- 
ments shall  be  open  for  public  inspection  on  every  week  day, 
excepting  Sundays  and  legal  holidays,  from  nine  oclock  in 
the  morning  until  four  o'clock  in  the  afternoon,  and  the  city 
of  Mount  Vernon  shall  not  compute  interest  charges  upon 
arrearages  of  taxes  or  assessments,  which  any  owner  of  real 
property  may  discover  to  exist  against  his  property  in  the 
said  city,  from  the  date  when  the  clerk  of  arrears  of  taxes 
and  assessments  certified  the  condition  of  said  property  to 
said  owner,  provided  that  upon  said  date  the  said  arrearages 
of  taxes  and  assessments  should  have  appeared  upon  the 
records  of  said  clerk,  but  were  negligently  or  without  sufifi- 


31 

cient  excuse  omitted  from  said  records  by  the  clerk,  or  omTt- 
ted  from  his  gaid  certificate.  The  Common  Council  of  the 
city  of  Mount  Vernon  is  hereby  authorized  to  expend  the 
sum  of  fifteen  hundred  dollars,  in  addition  to  the  salary  of 
the  said  clerk  of  arrears  of  taxes  and  assessments,  for  the 
purpose  of  preparing  the  book  or  books  of  his  ofifice,  and  for 
the  purpose  of  making  the  initial  record  of  the  taxes  and 
assessments  with  the  penalties,  interest  and  expenses  due 
against  the  several  lots,  pieces  or  parcels  of  land  as  afore- 
said, up  to  and  including  July  first^  nineteen,  hundred  and 
two,  and  after  the  completion  of  said  record  the  said  clerk 
of  arrears  of  taxes  and  assessments  shall  continue  the  same 
as  hereinbefore  provided.  The  Common  Council  may  in  its 
discretion  expend  the  whole  or  any  part  of  the  said  fifteen 
hundred  dollars  in  advance  of  the  appointment  of  the  first 
clerk  of  arrears  of  taxes  and  assessments  under  this  act. 
The  clerk  of  arrears  of  taxes  and  assessments  shall  in  the  case 
of  the  temporary  disability  or  absence  of  the  comptroller, 
during  the  continuance  of  the  said  disability  or  absence, 
perform  the  duties  of  the  ofHce  of  comptroller,  and  shall 
hold  ofBce  during  the  pleasure  of  the  comptroller.  The 
comptroller  and  his  bondsmen  shall  be  responsible  to  the 
city  for  the  acts  of  the  clerk  of  arrears  of  taxes  and  assess- 
ments, and  the  comptroller  shall  appoint  to  the  ofifice  of 
clerk  of  arrears  of  taxes  and  assessments  only  a  person  ap- 
proved in  writing  by  the  said  comptroller's  sureties.  All 
receipts  for  taxes  and  assessments,  and  for  arrears  thereof, 
whether  given  by  the  receiver  of  taxes  and  assessments  or 
by  the  clerk  of  the  city  of  Mount  Vernon,  shall  be  issued 
in  triplicate,  from  a  book  of  receipts  to  be  furnished  by  the 
Common  Council  and  so  made  that  one  original  and  two 
carbon  copies  of  each  receipt  may  be  made  by  one  writing. 
One  of  the  said  carbon  copies  shall  remain  in  the  said  book^ 
and  the  other  shall  within  twenty-four  hours  after  its  issue 
be  delivered  by  the  receiver  of  taxes  or  the  clerk  of  the  city 
of  Mount  Vernon,  as  the  case  may  be,  at  the  ofifice  of  the 
clerk  of  arrears  of  taxes  and  assessments,  and  shall  be  filed 
therein  by  the  said  clerk  of  arrears  of  taxes  and  assessments, 


32 

who  shall  immediately  upon  its  receipt  enter  upon  his  books 
the  payment  of  the  taxes  or  assessments  in  question.  .  The 
said  receipts  shall  be  arranged  in  form  so  that  the  amount 
received  for  taxes,  assessments,  interest,  expenses  and  pen- 
alties shall  be  separately  noted  thereon  in  individual  col- 
umns or  spaces.  (Amended  by  the  Laws  of  1902,  Chapter 
610). 

Of  the  justices  of  the  peace. 
Section  53.  The  justices  of  the  peace  elected  under 
the  provisions  of  this  act  shall  have  all  the  powers  and  jur- 
isdiction, discharge  the  duties,  and  be  entitled  to  the 
fees  and  compensation  of  justices  of  the  peace  of  the  sev- 
eral towns  in  this  state;  but  no  justice  of  the  peace  shall 
have  any  criminal  jurisdiction,  except  while  acting  as  city 
judge.  The  city  clerk's  office  shall  be  substituted  in  the 
place  of  the  town  clerk's  office,  in  all  proceedings  and  mat- 
ters connected  with  justices  of  the  peace. 

Of  the  constables. 
Section  54.  The  constables  shall  have  the  same  power 
and  perform  the  same  duties  only  in  civil  actions,  matters 
and  proceedings  as  constables  of  towns,  and  shall  be  en- 
titled to  like  fees  therefor.  They  shall  have  no  powers  in 
criminal  matters.  Before  entering  upon  the  duties  of  his 
office,  each  constable  shall  execute,  with  two  sureties  to  be 
approved  by  the  mayor,  an  instrument  in  writing,  and  file 
the  same  with  the  city  clerk,  by  which  said  constable  and 
his  sureties  shall  jointly  and  severally  agree  to  pay  to  each 
and  every  person  who  may  be  entitled  thereto,  all  such  sums 
of  money  as  said  constable  may  become  liable  to  pay  on 
account  of  any  warrant,  execution  or  other  precept  which 
shall  be  delivered  to  him  for  service  or  collection,  and  that 
he  will  faithfully  perform  the  duties  of  his  office.  All  ac- 
tions on  any  such  instrument  shall  be  prosecuted  within  one 
year  from  the  expiration  of  the  constable's  term  of  office; 
and  an  action  may  be  maintained  thereon  by  and  in  the 
name  of  any  person  entitled  to  money  collected  by  virtue 
of  such  warrant,  execution  or  precept,  or  who  may  have 


33 

sustained  damages  by  default  or  misconduct  of  such  con- 
stable. A  copy  of  such  instrument,  certified  by  the  city 
clerk,  under  the  corporate  seal  of  the  city,  shall  be  presump- 
tive evidence  in  all  courts  of  this  state  of  the  execution  of 
the  same  by  the  constable  and  his  sureties. 

OF  THE  CITY  COURT. 
Section  55.     There  shall  be  within  the  city  of  Mount 
Vernon  a  court  of  record,  which  shall  be  known  as  the  city 
court  of  Mount  Vernon,  with  the  powers  and  jurisdiction  as 
hereinafter  provided. 

Jurisdiction  of  the  city  court  of  Mount  Vernon. 
Section  56.   The  city  court  of  Mount  Vernon  shall  have 
jurisdiction  extending  to  the  following  civil  actions : 

1.  An  action  against  a  natural  person,  or  against  a 
foreign  or  domestic  corporation  wherein  the  complaint  de- 
mands a  judgment  for  a  sum  of  money  only,  or  to  recover 
one  or  more  chattels,  with  or  without  damages  for  the  tak- 
ing, withholding  or  detention  thereof. 

2.  An  action  to  foreclose  or  enforce  a  lien  upon  real 
property  in  the  city  of  Mount  Vernon,  created  as  prescrib- 
ed by  statute  in  favor  of  person  who  had  performed  labor, 
or  furnished  materials  to  be  used  in  erecting,  altering  or 
repairing  a  building,  building  lot,  or  appurtenances  there- 
to, including  fences,  sidewalks,  paving,  wells,  fountains,  fish 
ponds,  ornamental  and  fruit  trees,  and  every  other  improve- 
ment to  a  building  or  building  lot. 

3.-  An  action  to  foreclose  or  enforce  a  lien  for  a  sum 
not  exceeding  one  thousand  dollars,  exclusive  of  interest 
upon  one  or  more  chattels. 

Section  57.  The  jurisdiction  conferred  by  the  preced- 
ing section,  in  any  action  commenced  in  said  city  court,  is 
subject  to  the  following  limitation  and  regulations : 

I.  In  an  action  wherein  the  complaint  demands  judg- 
ment for  a  sum  of  money  only,  the  sum  for  which  judgment 
is  rendered  in  favor  of  the  plaintift  can  not  exceed  one  thou- 
sand dollars,  exclusive  of  interest  and  costs  as  taxed ;  ex\:ept 
where  it  is  brought  upon  a  bond  or  undertaking,  given  in 


34 

an  action  or  a  special  proceeding  in  the  same  court  or  be- 
fore the  city  judge.  Where  the  action  is  brought  upon  a 
bond  or  other  contract  the  judgment  must  be  for  the  sum 
actually  due,  without  regard  to  the  penalty  therein  con- 
tained ;  and  where  the  money  is  payable  in  installments  suc- 
cessive actions  may  be  brought  for  the  installments  as  they 
become  due. 

2.  In  an  action  to  recover  one  or  more  chattels  a 
judgment  cannot  be  rendered  in  favor  of  the  plaintiff  for  a 
chattel  or  chattels,  the  aggregate  value  of  which  exceeds 
one  thousand  dollars. 

3.  The  court  has  no  jurisdiction  of  an  action  against 
an  executor  or  administrator  in  his  representative  capacity. 

4.  The  court  .has  no  jurisdiction  of  an  action  unless 
one  of  the  parties  thereto  resides  in  the  city  of  Mount  Ver- 
non, or  a  warrant  of  attachment  is  granted  to  accompany 
the  summons  and  levied  upon  property  of  the  defendant 
within  that  city ;  or  the  action  be  for  the  recovery  of  a  statu- 
tory penalty  or  penalties  by  the  city  of  Mount  Vernon,  or 
any  of  its  officers  or  boards  of  commissioners. 

Section  58.  The  jurisdiction  and  power  of  said  court 
in  special  proceedings  is  the  same  within  the  city  of  Mount 
Vernon  as  is  by  law  conferred  on  the  county  court  of  West- 
chester County,  within  said  county^  except  that  said  city 
court  has  no  appellate  jurisdiction. 

Section  59.  That  said  court  shall  have  power  to  issue 
process  of  subpoena,  and  thereby  to  require  the  attendance 
of  witnesses  residing  or  being  in  any  part  of  the  state,  to 
testify  in  any  manner,  proceeding  or  action  before  said  court 
and  also  to  issue  attachment  to  bring  into  court  from  any 
place  where  they  shall  be  found,  any  such  witnesses  who 
shall  have  failed  to  obey  the  requirements  of  any  such  sub- 
poena. 

Section  60.  The  summons  in  an  action  brought  in  the 
said  court  may  be  served  at  any  place  within  the  county  of 
Westchester,  but  not  elsewhere. 

Section  61.     In  any  action  commenced  before  a  justice 


35 

of  the  peace  within  the  city  of  Mount  Vernon,  the  justice 
before  whom  such  action  shall  be  pending,  upon  the  appli- 
cation of  the  defendant  in  such  action,  shall  make  an  order 
removing  such  action  at  any  time  after  issue,  joined  and 
before  trial,  in  the  city  court,  upon  the  said  defendant  exr 
ecuting  to  the  plaintiff  an  undertaking  in  a  penalty  not  ex- 
ceeding two  hundred  dollars,  with  one  or  more  suf&cicnt 
sureties,  to  be  approved  by  the  city  judge  of  Mount  Vernon, 
or  by  the  justice  before  w^hom  such  action  is  pending,  con- 
ditioned to  pay  to  the  plaintiff  the  amount  of  any  judgment 
that  may  be  awarded  against  the  defendant  by  said  city 
court  in  such  action,  and  thereupon  the  said  city  court  shall 
have  the  same  jurisdiction  in  said  action  as  though  the  same 
had  originally  been  brought  in  said  city  court.  It  shall  be 
the  duty  of  such  justice  of  the  peace  to  file  said  order,  and 
the  pleadings  or  copies  thereof  in  said  action,  in  the  office 
of  the  clerk  of  the  city  court. 

Criminal  jurisdiction. 

Section  62.  The  city  judge  shall  have  criminal  juris- 
diction as  follows : 

He  shall  have  and  possess  all  the  powers  and  jurisdic- 
tion conferred  by  law  upon  recorders  of  cities  and  shall  also 
have  and  possess  the  same  jurisdiction  and  powers  possessed 
by  a  single  justice  of  the  peace^  or  by  two  justices  of  the 
peace  in  towns  in  criminal  matters.  He  shall  have  power  to 
hear  all  complaints  and  to  take  all  examinations  in  criminal 
cases ;  to  hold  courts  of  special  sessions,  with  all  the  powers 
and  jurisdiction  of  such  courts  as  regulated  by  statute;  to 
try,  convict  and  sentence  all  persons  Avho  may  be  guilty  of 
any  offence  triable  by  courts  of  special  sessions,  and  except 
in  case  of  his  absence  from  the  city,  or  inability,  from  sick- 
ness or  other  causes,  to  act,  his  jurisdiction  shall  be  ex- 
clusive of  any  justice  of  the  peace  or  other  officer  of  said 
city. 

Designation  of  acting  city  judge. 

Section  63.  In  case  of  sickness,  absence  from  the.  city, 
disability  or  inability  of  the  city  judge  to  act,  his  powers, 


30 

duties  and  jurisdiction  in  criminal  matters  or  proceedings 
only,  are  hereby  conferred  and  imposed  upon  a  citizen  re- 
siding in  the  city  of  Mount  Vernon,  who  may  be  designated 
by  the  mayor  of  said  city,  as  hereinafter  provided.  And  it 
shall  be  the  duty  of  the  mayor  of  said  city,  each  year  to  des- 
ignate an  attorney  and  counselor-at-law,  who  shall  be  a  resi- 
dent of  and  practising  law  in  said  city,  and  have  his  office 
therein,  who  shall  act  in  criminal  matters  or  proceedings 
only  in  the  absence,  disability  or  inability  of  the  city  judge, 
to  act  therein.  (As  amended  by  the  laws  of  1901,  Chapter 
202). 

Section  64.  If  any  warrant  issued  by  the  city  judge 
shall  be  returned  during  his  absence  from  the  city  or  during 
his  inability  to  attend  to  the  duties  of  his  office,  any  further 
proceedings  may  be  had  on  such  warrant  before  the  justice 
of  the  peace  designated  as  hereinbefore  provided;  and  such 
justice  having  once  obtained  jurisdiction  over  any  matter, 
may  retain  it  and  proceed  to  the  determination  thereof,  and 
shall  be  entitled  to  receive  for  his  services  the  same  fees 
that  justices  of  the  peace  are  entitled  to  receive,  to  be  audit- 
ed, allowed  and  paid  in  the  manner  herein  provided. 

Section  65.  All  fines  imposed  and  collected  by  the  city 
judge,  or  the  justice  of  the  peace  acting  during  the  inability 
of  the  city  judge  as  hereinbefore  provided,  shall  be  paid  to 
the  city  treasurer  once  in  each  month.  The  city  judge  shall 
keep  an  account  of  all  such  fines,  and  of  all  criminal  business 
done  by  him,  which  shall  be  a  county  charge,  and  shall  an- 
nually at  the  time  of  presentation  of  claims  against  the 
county  of  Westchester  present  the  same  to  the  Board  of 
Supervisors  of  said  county,  which  board  shall  audit  it  to 
the  city  of  Mount  Vernon  and  levy  the  same  as  county 
charges.  The  criminal  docket  of  said  judge  shall  contain 
a  record  or  brief  statement  of  all  convictions  before  him 
and  shall  be  open  to  public  inspection  during  office  hours. 
(As  amended  by  the  laws  of  1896,  Chapter  692). 

Of  the  city  judge. 
Section  66.     The  city  judge  shall  l^e  the  judge  of  the 


city  court  of  Mount  Vernon  and  shall  be  a  person  of  the 
degree  of  counselor-at-law.  He  shall  have,  within  the  city 
of  Mount  Vernon,  the  powers  of  a  justice  of  the  supreme 
court  •at  chambers,  and  all  the  powers  which  the  county 
judge  of  Westchester  County  hath  by  law  within  said 
county.  He  shall  also  have  the  same  jurisdiction  and 
power  as  a  justice  of  the  peace  of  towns. 

Removal  of  causes  of  action. 

Section  6j.  If  it  shall  at  any  time  appear  by  affidavit 
that  the  city  judge  is  legally  incompetent,  incapacitated  or 
forbidden  by  law  to  sit  upon  the  trial  or  hearing  of  any 
action  or  special  proceeding  pending  in  the  city  court  or 
before  him,  on  notice  to  both  parties,  an  order  shall  be 
granted  and  entered  with  the  clerk  of  said  court,  removing 
such  action  or  special  proceeding  to  the  county  court  of 
Westchester  county,  or  to  the  county  judge  of  said  county, 
as  may  be  proper,  which  order  shall  specify  the  cause  and 
reason  for  making  such  removal,  and  a  certified  copy  of 
such  order  must  be  filed  in  the  office  of  the  clerk  of  West- 
chester county,  and  thereupon  it  is  removed  into  said  county 
court,  or  before  such  county  judge,  as  provided  in  such 
order,  and  the  subsequent  proceedings  therein  must  be  the 
same  as  if  it  had  been  originally  brought  in  said  county 
court,  or  before  the  said  county  judge,  except  that  the  costs 
recovered  by  the  successful  party  shall  be  costs  only  as 
might  have  been  recovered  in  the  city  court  or  before  the 
city  judge. 

Section  68.  The  supreme  court  may  by  an  order  issued 
at  any  time  after  joinder  of  issue  of  facts  and  before  the 
trial  thereof,  remove  to  itself  an  action  or  special  proceed- 
ing pending  in  the  city  court,  for  the  purpose  of  changing 
the  place  of  trial  or  hearing  thereof.  A  certified  copy  of 
the  order  must  be  filed  in  the  office  of  the  clerk  of  said  court, 
and  thereupon  it  is  removed  into  the  supreme  court;  and 
the  subsequent  proceedings  therein  must  be  the  same  as 
if  it  had  been  originally  brought  in  the  supreme  court.. 

Section  69.     An  order  for  the  removal  of  an  action  or 


38 

Special  proceeding,  as  prescribed  in  the'  last  section,  can  be 
made  only  upon  notice,  and  at  a  special  term  of  the  supreme 
court  held  within  the  second  judicial  district,  aiid  in  a  case 
where  an  order  changing  in  like  manner  the  place  of  trial 
or  hearing  would  be  granted  if  the  action  or  special  pro- 
ceeding was  pending  in  the  supreme  court. 

Section  70.  An  appeal  from  an  order  made  upon  such 
a  motion  must  be  taken  and  heard  in  like  manner^  as  if  the 
action  or  special  proceeding  was  pending  in  the  supreme 
court,  and  triable  in  the  county  of  Westchester.  Such  an 
appeal  from  any  order  made  upon  such  a  motion,  brings  up 
to  the  general  term,  and  thence  to  the  court  of  appeals  (if 
the  order  is  appealable  to  that  court),  all  questions  which 
were  before  the  special  term,  and  the  appellate  tribunal  must 
dispose  of  the  same  as  if  they  were  originally  presented  to  it. 

Sectional.  An  order  to  stay  proceedings,  for  the  pur- 
pose of  affording  an  opportunity  to  make  the  application 
for  removal,  and  a  change  of  place  of  trial  as  aforesaid^  may 
be  made  by  any  judge  authorized  to  make  an  order  to  stay 
proceedings,  either  in  the  court  where  the  action  is  pend- 
ing, or  in  the  supreme  court,  and  with  like  effect  and  under 
like  circumstances. 

Summons,  pleading,  practise,  terms  of  court,  etc. 

Section  'J2.  All  actions  brought  in  the  city  court  of 
Mount  Vernon,  shall  be  commenced  by  the  service  of  a 
summons  of  like  form  as  in  the  supreme  court,  except  that 
the  time  specified  in  the  summons,  within  which  the  defend- 
ant shall  be  required  to  answer  the  complaint,  shall  be  six 
days  instead  of  twenty. 

Section  73.  A  party  to  an  action  in  said  court  may 
answer  or  demur  to  any  pleading,  or  may  reply  to  an  an- 
swer within  six  days  after  the  service  of  a  copy  of  the  plead- 
ing to  which  he  answers,  demurs  or  replies. 

Section  74.  The  forms  of  process,  pleading  and  pro- 
ceedings and  the  manner  of  pleading  and  procedure  pre- 
scribed by  the  Code  of  Civil  Procedure  for  actions,  pro- 
ceedings and  remedies   in  the   courts  of  records,   shall  be 


39 

used  in  said  city  court,  as  near  as  may  be,  except  as  other- 
wise provided  by  this  act. 

Section  75.  A  notice  of  trial  shall  be  served  at  least 
five  days  before  the  day  named  therein  as  the  day  of  trial, 
and  a  notice  of  motion  shall  be  served  not  less  than  two 
days  before  the  time  named  therein  for  a  hearing,  except 
where  the  notice  is  served  by  mail,  in  which  case  the  notice 
of  trial  shall  be  not  less  than  seven  days,  and  the  notice  of 
motion  not  less  than  four  days.  The  judge  of  the  city  court 
may,  however,  by  order,  prescribe  a  shorter  time  for  such 
notice  for  cause  shown  in  any  case. 

Section  y(y.  When  any  motion  shall  be  noticed  for  hear- 
ing or  action,  noticed  for  trial,  a, note  of  issue  of  such  action 
or  such  motion  shall  be  filed  with  the  clerk  at  least  two  days 
before  the  day  of  the  hearing  or  trial;  and  the  clerk  shall 
thereupon  place  the  same  upon  the  caendar  for  the  day 
named.  The  same  shall  remain  upon  the  calendar  till  heard, 
tried  or  otherwise  disposed  of  by  order  of  the  court  or  city 
judge. 

Section  "jj.  The  city  court  shall  be  open  every  day 
for  the  transaction  of  business,"  except  Sundays  and  legal 
holidays,  from  half-past  nine  in  the  forenoon  until  the  city 
judge  shall  order  the  adjournment  of  the  same,  and  any 
motion  in  said  court  or  before  the  city  judge  may  be  no- 
ticed for  hearing  for  any  such  day.  The  city,  judge  may  by 
rule  designate  terms  for  the  trial  of  issues  in  actions  in  said 
court,  not  less  than  one  in  each  week,  and  any  action  in 
said  court  may  be  noticed  for  trial  at  any  such  designated 
terms.  * 

Section  78.  No  process  issued,  or  suit  or  proceeding 
pending  in  said  city  court  of  Mount  Vernon  shall  be  dis- 
continued by  reason  that  the  court  shall  not  be  held  on  any 
stated  day,  but  such  process  shall  be  deemed  returnable, 
and  such  suit  or  proceeding  shall  be  deemed  continued  to 
the  next  day  on  which  the  court  shall  be  held. 

Section  79.  Iji  all  cases  tried  before  the  city  judge 
without  a  jury  he  shall  render  and  file  with  the  clerk  of  said 


40 

court  his  decision  in  writing  within  twenty  days  after  the 
same  shall  have  been  finally  submitted  to  him  for  determin- 
ation. Should  he  refuse  or  neglect  to  render  the  decision 
within  the  time  the  action  shall  not  abate,  nor  be  deemed 
discontinued;  but  at  any  time  after  the  lapse  of  twenty  days, 
and  before  the  filing  of  such  decision  either  party  may  again 
notice  the  action  for  trial,  and  immediately  file  a  note  of 
issue  ancl  a  new  trial  may  thereupon  be  had. 

Section  80.  The  said  city  court  of  Mount  Vernon  shall 
have  power  to  grant  new.  trials  and  open  defaults  in  the 
same  manner  as  such  relief  may  be  had  in  the  other  courts 
of  record. 

Section  81.  The  general  rules  of  practise  adopted  pur- 
suant to  section  seventeen  of  the  Code  of  Civil  Procedure 
shall  apply  to  proceedings  and  actions  in  said  court,  as  far 
as  they  may  be  applicable,  and  the  city  judge  may  make 
such  other  rules  for  said  court  as  are  not  inconsistent  there- 
with. 

Section  82.  A  motion  for  judgment  on  the  answer  and 
for  like  causes  as  allowed  by  the  Code  of  Civil  Procedure, 
may  be  made  on  a  notice  of  not  less  than  two  days. 

Section  83.  Except  the  summons,  every  process  and 
mandate  shall  be  directed  either  to  the  sherifif  of  the  county 
of  Westchester,  or  to  the  marshal  of  the  city  court  of  Mount 
Vernon. 

Section  84.  The  only  modifications  and  limitations  up- 
on the  application  and  efifect  of  the  Code  of  Civil  Procedure 
in  relation  to  actions  and  proceedings  in  said  court  are  the 
provisions  of  this  act. 

Jurors  and  jury  trials. 
Section  85.  Trial  by  jury  shall  be  deemed  and  taken 
to  be  waived  by  the  parties,  unless  such  trial  by  jury  shall 
be  demanded  at  the  first  call  of  the  action  upon  the  calen- 
dar for  trial  after  due  notice  of  trial.  But  such  jury  trial 
having  been  demanded  may  be  afterward  waived  by  the 
party  demanding  the  same. 


41 


Section  S6.  The  party  in  whose  favor  a  verdict  shall 
be  given  by  the  jury  shall,  before  the  entering  of  judgment, 
pay  to  the  clerk  of  the  city  court  the  sum  of  six  dollars, 
which  shall  constitute  a  fund  called  jury  fund,  out  of  which 
jurors  shall  be  paid,  with  the  sheriff's  or  marshal's  fees  for 
summoning  the  jury. 

Section  Sy.  It  shall  be  the  duty  of  the  assessors  of  the 
city  of  Mount  Vernon^  on  the  first  Monday  in  July  in  each 
and  every  year,  to  select  from  the  names  of  those  assessed 
on  the  last  assessment-roll  of  the  city  of  Mount  Vernon, 
all  suita'ble  persons  to  serve  as  jurors  and  otherwise  quali- 
fied by  law,  and  not  legally  exempt.  Duplicate  lists  of  the  per- 
sons so  selected  with  their  respective  additions  and  place 
of  residence  shall  be  signed  by  said  assessors,  and  one  of 
said  lists  shall  be  filed  with  the  city  clerk  and  one  thereof 
shall  be  filed  with  the  clerk  of  the  city  court.  As  soon  as 
such  list  shall  be  filed  with  the  clerk  of  the  city  court,  the 
city  judge  shall  give  notice  by  publication  in  the  official  city 
newspapers,  published  in  such  city  of  Mount  Vernon^  that 
the  jury  list  of  said  court  has  been  filed  and  that  on  a  day 
and  hour  named  by  him  not  less  than  seven  days  after  the 
publication  of  said  notice  he  will  attend  at  the  city  court 
room  to  correct  the  same,  and  on  such  day  he  shall  attend 
and  receive  evidence  of  exemption  in  the  same  manner  as 
authorized  by  courts  of  record,  and  no  juror  who  does  not 
then  furnish  proof  of  a  legal  exemption  shall  thereafter  be 
allowed  to  claim  exemption  when  he  shall  be  drawn  and 
summoned  for  jury  duty.  The  names  of  persons  found  ex- 
empt by  law  shall  be  struck  from  the  list,  and  the  ground 
of  exemption  recorded.  When  the  lists  have  been  correct- 
ed and  completed  they  shall  again  be  filed  with  the  city 
clerk  and  the  clerk  of  the  city  court,  respectively,  and  the 
said  clerk  of  the  city  court  shall  carefully  write  the  names, 
additions  and  residence  of  each  of  said  jurors  so  remaining 
upon  said  lists  upon  ballots  as  near  as  possible  of  like  size 
and  color,  writing  one  name  on  each  ballot,  and  shall  safely 
keep  the  same  in  a  box  to  be  prepared  for  that  purpose. 

Section  88.    When  the  attendance  of  jurors  in  said  city 


I 


42 

court  shall  be  required  the  said  city  judge  shall  publicly 
draw  from  the  said  box  the  names  of  forty-eight  of  said 
jurors,  in  the  presence  of  the  clerk  of  the  city  court,  and 
such  others  as  may  be  in  attendance,  and  the  clerk  of  the  city 
court  shall  enter  the  names  thereof  upon  the  minutes  of 
said  city  court,  and  the  ballots  drawn  shall  be  destroyed. 
(As  amended  by  the  laws  of  1896^  Chapter  692). 

Section  89.  The  said  city  judge  shall  thereupon  im- 
mediately issue  his  order  in  writing,  either  to  the  sheriff  of 
the  county  of  Westchester,  or  to  the  marshal  of  the  city 
court  of  Mount  Vernon,  directing  him  to  summon  the  per- 
sons so  drawn  to  attend  at  the  city  court,  at  the  time  and 
place  to  be  therein  named,  to  try  such  cases  as  shall  be  given 
them  in  charge.  Any  action  for  which  a  jury  shall  have 
been  demanded  shall  be  tried  before  a  jury  of  twelve  men^ 
to  be  selected  from  those  so  summoned,  who  attend  in  man- 
ner aforesaid,  who  shall  be  drawn  therefor  in  the  same  man- 
ner as  juries  are  drawn  in  other  courts  of  record.  Such 
jurors  so  summoned  shall  be  required  to  attend  for  the  trial 
of  all  actions  in  said  court  (the  trials  of  which  are  commenc- 
ed in)  not  exceeding  four. successive  days. 

Section  90.  Jurors  in  the  city  court  of  Mount  Vernon 
shall  be  drawn  at  least  six  days  before  the  day  when  they 
shall  be  summoned,  and  notified  to  attend  at  least  four  days 
before  the  day  when  they  shall  be  required  to  attend. 

Section  91.  The  court  may  order  the  sheriff  or  mar- 
shal to  summon  from  the  bystanders,  or  from  the  city  at 
large,  so  many  persons  qualified  to  serve  as  jurors  as  shall 
be  sufficient,  whenever  a  sufficient  number  oi  jurors  duly 
drawn  and  summoned  do  not  appear  or  cannot  be  obtained 
to  form  a  jury. 

Section  92.  Whenever  a  panel  of  jurors  shall  have 
been  drawn  and  summoned  in  said  court,  and  shall  there- 
after be  discharged,  it  shall  be  the  duty  of  the  clerk  of  said 
court  to  return  to  the  jury  box  the  names  of  all  such 
jurors  as  have  not  been  actually  impaneled  for  the  trial  of 
an  action,   and  when  so  returned  to  such  box,  they  may 


43 

again  be  drawn  in  the  same  manner  as  though  such  names 
had  not  been  previously  drawn  therefrom. 

Section  93.  Every  juror  who  shall  actually  sit  on  the 
trial  of  an  action  in  the  city  court  shall  receive  the  fee  of 
twenty-five  cents,  to  be  paid  to  him  by  the  clerk  of  the  city 
court  out  of  the  jury  fund. 

Section  94.  Each  juror  who  shall  be  actually  empanel- 
ed, and  shall  sit  as  juror  on  the  trial  of  an  action  in  said 
city  court  shall  be  entitled  to  a  certificate  under  the  seal  of 
said  court  certifying  to  such  fact,  and  such  certificate  shall 
exempt  such  juror  from  service  as  juror,  in  any  court  held 
in  and  for  the  county  of  Westchester,  for  the  calendar  year 
in  which  he  shall  have  served. 

Section  95.  When  any  juror  shall  be  fined  for  non- 
attendance  in  said  court,  and  an  order  shall  have  been  en- 
tered, imposing  such  fine,  it  shall  be  the  duty  of  the  city 
judge  of  Mount  Vernon,  and  the  clerk  of  the  city  court  of 
Mount  Vernon  to  issue  process  under  seal  of  said  city  court 
of  Mount  Vernon,  to  the  marshal  of  the  city  court  of  Mount 
Vernon  or  to  the  sheriff  of  Westchester  county,  command- 
ing him  to  collect  of  the  several  persons  named  in  the  sched- 
ule thereto,  to  be  annexed,  the  several  sums  of  money  set 
opposite  their  names  respectively,  and  to  pay  over  the  same 
to  the  treasurer  of  the  city  of  Mount  Vernon,  and  at  the 
time  of  collecting  such  fines  to  notify  such  persons  respec- 
tively that  if  they  have  good  reason  to  show  for  remitting 
such  fines  they  may  show  the  same  to  the  city  court  on  any 
day  when  the  said  court  shall  be  sitting,  and  it  shall  be  the 
duty  of  said  judge  and  clerk  to  annex  to  such  process  a 
schedule  containing  in  separate  columns :  First,  the  name 
of  the  persons  fined;  second,  their  respective  residences; 
third,  the  amount  of  fine  imposed  upon  each,  and,  fourth, 
the  cause  of  the  fine,  which  schedule  shall  be  certified  by 
said  judge  and  clerk  to  be  correct  abstracts  of  the  several 
orders  imposi^^ig  such  lines.  The  officer  to  whom  such  pro- 
cess is  directed  shall  proceed  to  collect  such  fines  respec- 
tively of  the  several  persons  named  in  such  schedule  by 
levy  and  sale  of  the  personal  property  of  such  persons  as 


44 

Upon  executions  against  property  in  civil  actions^  and  shall 
be  entitled  to  collect  the  same  fees ;  and  in  case  such  officer 
shall  not  find  sufficient  personal  property  of  any  person  so 
fined  to  raise  the  amount  of  his  fine,  he  shall  take  the  body 
of  such  person  and  detain  him  in  custody,  or  commit  him 
to  the  county  jail  until  he  shall  satisfy  such  fine,  in  the  same 
manner  as  upon  execution  against  the  body  in  civic  cases, 
and  he  shall  be  entitled  for  his  services  to  like  fees. 

Section  96.  Whenever  the  whole  list  of  jurors  whose 
names  shall  remain  upon  the  jury  list  shall  have  been  drawn 
for  jury  duty  the  lists  may  again  be  used  in  the  manner 
aforesaid  unless  the  assessors  shall  then  have  filed  a  new 
list. 

Of  the  marshal. 

Section  97.  There  shall  be  a  marshal  of  the  city  court 
of  Mount  Vernon,  who  shall  be  appointed  by  the  city  judge, 
by  his  appointment  in  writing,  to  be  filed  with  the  city 
clerk,  who  shall,  before  entering  upon  the  discharge  of  his 
duty,  take,  subscribe  and  file  with  the  city  clerk  the  con- 
stitutional oath  of  office.  He  shall  also  execute  an  official 
bond,  with  at  least  two  sufficient  sureties,  to  be  approved 
by  the  city  judge,  in  which  he  and  his  sureties  shall  jointly 
and  severally  agree  to  pay  each  and  every  person  who  may 
be  entitled  thereto  all  such  sums  of  money  as  the  said 
marshal  shall  become  liable  to  pay  on  account  of  any  ex- 
ecution or  attachment  delivered  to  him.  The  said  bond 
shall  be  filed  with  the  city  clerk,  and  may  be  prosecuted  by 
any  person  who  shall  suffer  any  loss  by  reason  of  the  de- 
fault or  doing  of  said  marshal  in  the  discharge  of  the  duties 
of  his  office.  The  said  marshal  shall,  in  said  court  perform 
the  same  duties  as  are  performed  by  sheriffs  in  other  courts 
of  record  and  shall  have  power  to  execute  all  process  of 
said  court  in  the  same  manner  as  the  process  in  other  courts 
of  record  are  executed  by  the  sheriff.  He  shall  hold  office 
during  the  pleasure  of  the  city  judge,  and  the  city  judge 
may  at  any  time,  require  him  to  file  new  bonds,  and  may 
suspend  such  m'arshal  until  such  bonds  are  approved  and 
filed.     The  salary  of  the  said  marshal  shall  be  six  hundred 


45 

dollars  a  year^  payable  monthly.  (As  amended  by  the  laws 
of  1901,  Chapter  474). 

Section  98.  All  acts  to  Be  done  and  performed  by  the 
sheriff  may  be  done  by  the  marshal  of  the  city  court,  and 
all  moneys  paid  by  the  Sheriff  or  marshal  into  the  court 
shall  be  paid  to  the  city  treasurer  to  the  credit  of  the  action, 
and  subject  to  the  order  of  the  court.  The  marshal  of  the 
city  court  of  Mount  Vernon  shall  have  and  possess  the 
same  powers  in  relation  to  all  matters  and  proceedings  in 
the  court  of  special  session  of  the  city  of  Mount  Vernon, 
and  be  empowered  to  perform  the  same  duties  therein  as 
the  sheriff  of  Westchester  county^  or  any  constable  or  po- 
liceman of  said  city. 

Section  99.  The  said  marshal  shall  be  entitled  to  the 
same  fees  as  the  sheriff  of  Westchester  County,  for  like 
services,  to  be  paid  by  the  party  requiring  said  services, 
but  the  said  marshal  shall  receive  no  fees  or  compensation 
for  the  service  of  any  criminal  process  issued  out  of  said 
city  court,  and  it  shall  be  the  duty  of  the  police  officers  of 
said  city  to  execute  all  such  process.  (As  amended  by  the 
laws  of  1896,  Chapter  692). 

Section  100.  The  marshal  of  the  city  court  or  the 
sheriff  of  Westchester  county  shall  receive  for  summoning 
a  jury  the  sum  of  two  dollars,  and  for  attending  the  court 
and  jury  in  each  case  tried  by  jury,  one  dollar,  which  fees 
shall  be  paid  by  the  clerk  of  said  court  out  of  the  jury  fund. 

Section  loi.  Whenever  the  jury  fund  shall  not  be  suf- 
ficient to  pay  the  marshal's  fees,  for  service  hereafter  ren- 
dered, which  are  payable  out  of  such  fund,  the  clerk  of  the 
city  court  shall  certify  to  the  Common  Council  of  the  city 
of  Mount  Vernon  the  facts  showing  such  deficiencies,  and 
such  Common  Council  shall  cause  to  be  paid,  from  time  to 
time,  to  the  clerk  of  the  city  courts  out  of  the  city  treasury, 
the  amount  of  such  deficiencies  as  they  shall  occur. 

Of  the  clerk,  his  fees  and  duties. 
Section  102.     The  clerk  of  the  city  court  shall  be  ap- 
pointed by  the  city  judge,  his  appointment  in  writing  to  be 


46 

filed  with  the  city  clerk,  and  shall  hold  his  office  during  the 
pleasure  of  the  city  judge.  The  clerk  of  the  city  court  shall 
also  be  clerk  of  the  court  of  special  session  in  the  city  of 
Mount  Vernon.  His  salary  shall  be  at  the  rate  of  one  thou- 
sand dollars  per  annum^  payable  monthly.  (As  amended 
by  Chapter  71,  laws  1906). 

Section  103.  The  clerk  of  the  city  court  may  appoint 
a  deputy  who  shall  take  the  constitutional  oath  of  office,  and 
file  the  same  in  the  city  clerk's  office,  and  may  then  per- 
form the  duties  of  clerk  of  the  city  court,  in  the  absence  or 
disability  of  the  clerk  to  perform  such  duties,  but  he  shall 
receive  no  fee  or  salary  from  the  city. 

Section  104.  There  shall  be  paid  to  the  clerk  of  the 
city  court  the  following  fees:  In  all  actions  where  the 
amount  claimed  in  either  pleading  shall  be  fifty  dollars  or 
more,  one  dollar  for  every  trial  in  said  court,  and  one  dollar 
for  entering  judgment;  where  the  amount  claimed  shall  be 
less  than  fifty  dollars,  there  shall  be  paid  to  said  clerk  fifty 
cents  for  every  trial  and  fifty  cents  for  entering  judgments. 
The  trial  fee  shall  be  paid  before  the  action  is  placed  on  the 
calendar.  For  every  transcript  of  judgment  the  clerk's  fee 
shall  be  twenty-five  cents. 

Section  105.  All  fees  (or  fines),' paid  to  the  (city  judge 
or  to  the  clerk)  of  the  city  court,  except  jurors'  fees,  shall 
be  paid  over  to  the  city  treasurer  to  the  credit  of  the  city  of 
Mount  Vernon.  The  clerk  of  the  said  court  shall  keep  an 
account  of  all  moneys  received  by  him,  and  the  same  shall 
at  all  times  be  open  for  inspection  of  the  treasurer  of  the 
city. 

Section  106.  All  orders,  papers,  undertakings  and 
judgment-rolls  in  actions  in  said  court  shall  be  filed  in  the 
office  of  the  clerk  of  said  court. 

Section  107.  The  said  clerk  shall  keep  in  his  office 
a  judgment  docket  book,  in  which  he  shall  docket  all  judg- 
ments rendered  in  said  city  court. 

Costs. 
Section   108.     The  following  costs  and  allowances  shall 


47 

be  recovered  by  the  prevailing  party,   in  all  actions,   pro- 
ceedings and  appeals  under  this  act : 

1.  In  an  action,  where,  in  neither  pleading,  the  sum  of 
fifty  dollars  or  more  is  claimed,  the  prevailing  party  shall 
recover  his  disbursements,  and  if  tried,  ten  dollars  costs  for 
each  trial  thereof  in  said  court. 

2.  In  all  other  actions  and  proceedings  in  said  court 
the  same  costs  and  allowances  as  are  now  provided  by  law 
in  actions  and  proceedings  in  the  supreme  court,  except 
term  fees,  shall  be  allowed  to  the  prevailing  party. 

3.  On  the.  granting  or  denial  of  a  new^  trial,  or  any 
motion  in  an  action  or  proceeding,  an  amount  not  exceed- 
ing ten  dollars  may  be  allowed  for  costs  of  motion. 

4.  The  appellant  on  reversal,  and  the  respondent  upon 
affirmance,  or  the  dismissal  of  an  appeal  by  the  county  court 
of  Westchester  County  of  a  judgment  of  the  city  court  of 
Mount  Vernon  or  the  city  judge,  shall  be  entitled  to  twenty- 
five  dollars  costs;  and  the  prevailing  party,  on  an  appeal 
from  an  order  shall  be  entitled  to  ten  dollars  costs. 

5.  On  appeal  to  the  general  term  of  the  supreme 
court,  or  to  the  court  of  appeals,  the  prevailing  party  shall 
be  entitled  to  the  same  costs  as  provided  by  law,  or  other 
appeals  to  such  court. 

6.  The  prevailing  party  shall  be  entitled  to  his  taxable 
disbursements. 

Section  109.  The  clerk  of  said  court  shall,  on  two 
days'  notice,  adjust  and  tax  the  costs  and  disbursements 
of  the  prevailing  party,  and  the  amount  shall  be  included  in 
the  judgment,  but  the  same  shall  be  subject  to  re-taxation 
on  motion  to  the  city  court. 

Of  transcripts,  enforcement  of  judgments. 
Section  no.  A  transcript  of  the  docket  of  any  judg- 
ment of  the  city  court,  when  issued  by  the  clerk  of  said 
court,  under  the  seal  of  said  court,  may  be  filed  in  the  of- 
fice of  the  clerk  of  any  county  in  the  state,  and  such  judg- 
ment shall  thereupon  be  docketed  in  such  county,  and  the 
same  shall  thereupon  have  the  same  effect,  and  may  be  en- 


48 

forced  in  the  same  manner,  and  the  same  proceedings  may 
be  taken  thereon,  with  Hke  effect  in  all  respects,  as  if  such 
judgment  had  been  rendered  in  the  supreme  court  and  first 
docketed  in  the  office  of  the  clerk  of  such  county. 

Section  iii.  When  a  transcript  of  the  docket  of  any 
such  judgment  shall  be  filed  in  the  office  of  ,the  clerk  of 
Westchester  County,  and  there  docketed,  the  same  may  be 
enforced  at  the  election  of  the  judgment  creditor  or  either  by 
proceedings  in  the  city  court  of  Mount  Vernon  or  before 
the  city  judge,  or  by  proceedings  before  the  county  judge 
of  W^est Chester  County,  or  in  the  county  court  of  West- 
chester County. 

Section  112.  Whenever  an  execution  against  proper- 
ty of  a  judgment  debtor  upon  a  judgment  rendered  in  said 
city  court  shall  be  returned  unsatisfied  in  whole  or  in  part  by 
the  sheriff  of  Westchester  County,  or  by  the  marshal  of  the 
city  court  of  Mount  Vernon,  and  the  debtor  shall  reside  in 
the  county  of  Westchester,  the  same  proceedings  may  there- 
upon be  had  before  the  city  judge  of  the  city  of  Mount  Ver- 
non, as  could  be  taken  before  the  county  judge  of  the  coun- 
ty of  Westchester  upon  a  judgment  recovered  in  the  county 
court  of  Westchester  County,  and  upon  the  making  in  any 
such  proceeding;  by  the  city  judge,  of  an  order  appointing 
a  receiver  of  the  property  of  the  judgment  debtor,  a  du- 
plicate of  such  order  shall  be  filed  and  recorded  in  the  office 
of  the  clerk  of  Westchester  county  with  a  like  effect  as  of  a 
similar  order  of  the  county  judge  of  Westchester  county  in  a 
supplementary  proceeding  wherein  he  had  jurisdiction. 

Appeals. 

Section  113.  In  all  cases  tried  before  the  city  judge 
without  a  jury,  if  required  by  a  party,  appealing  from  the 
judgment  rendered  therein,  the  city  judge  shall,  within  ten 
days  after  service  upon  him  of  a  notice  in  writing,  make 
and  file  with  the  clerk  of  the  city  court  his  findings  there- 
in of  law  and  of  fact,  for  the  purpose  of  appeal. 

Section  114.  Appeals  from  the  judgments  and  orders 
rendered,  entered  or  granted  in  the  city  court  of  Mount 


49 

Vernon,  or  by  the  city  judge  of  Mount  Vernon,  may  be 
taken  as  follows : 

I.  From  judgments  in  actions  where  a  recovery  of 
less  than  two  hundred  dollars  is  demanded  in  the  complaint 
and  from  orders  made  in  such  actions  in  the  city  court  of 
Mount  Vernon,  or  by  the  city  judge  of  Mount  Vernon,  of 
the  effect  described  in  the  subdivisions  of  section  thirteen 
hundred  and  forty-seven  of  the  Code  of  Civil  Procedure, 
the  appeal  shall  be  to  the  county  court  of  Westchester  coun- 
ty. From  judgments  in  actions  where  two  hundred  dollars 
or  more  is  demanded  in  the  complaint,  and  from  the  orders 
made  in  such  actions  in  the  city  court  of  Mount  Vernon,  or 
by  the  city  judge  of  Mount  Vernon,  of  the  effect  described 
in  the  subdivisions  of  section  thirteen  hundred  and  forty- 
seven  of  the  Code  of  Civil  Procedure,  and  from  an  order  af- 
fecting a  substantial  right  made  in  a  special  proceeding  by 
the  said  city  court  or  said  city  judge,  appeals  may  be  taken 
to  general  term  of  the  supreme  court  in  the  judicial  de- 
partment in  which  the  city  of  Mount  Vernon  is  situated.  No 
appeal  from  any  judgments  of  the  city  court  of  Mount  Ver- 
non shall  be  taken  in  any  case  until  a  motion  for  a  new  trial 
shall  have  been  made,  and  an  order  granting  or  denying 
the  same  shall  have  been  entered  and  such  motion  may  be 
made  before  or  after  judgment  on  the  judge's  minutes,  or 
upon  a  case  and  exceptions. 

2.  All  appeals  provided  for  in  this  section  must  be 
taken  by  serving  upon  the  attorney  for  the  adverse  party 
and  on  the  clerk  of  the  city  court  of  Mount  Vernon,  by  filing 
in  his  office  a  written  notice  to  the  effect  that  the  appellant 
appeals  from  the  judgment,  order  or  from  a  specified  part 
thereof;  410  security  or  undertaking  shall  be  required  to 
perfect  an  appeal  from  an  order.  To  perfect  an  appeal  in 
other  cases  except  as  specified  in  sections  thirteen  hundred 
and  thirteen  and  thirteen  hundred  and  fourteen  of  the  Code 
of  Civil  Procedure  a  written  undertaking  must  be  executed 
on  the  part  of  the  appellant  by  at  least  two  sureties  to  the 
effect  that  the  appellant  will  pay  all  costs  which  may  be 
awarded  against  him.     Such  undertaking  shall  be  of  no  ef- 


50 

feet  unless  acknowledged  and  accompanied  by  the  affidavits 
of  the  sureties  that  they  are  worth  at  least  the  sum  of  two 
hundred  and  fifty  dollars,  and  a  copy  thereof  served  on  the 
respondent  and  the  original  filed  with  the  clerk;  and  the  re- 
spondent may  within  ten  days,  except  to  the  sufficiency  of 
the  sureties,  and  unless  they  or  other  sureties  justify  on  a 
notice  of  not  less  than  five  days  before  the  city  judge,  as 
prescribed  in  section  five  hundred  and  eighty  and  five  hun- 
dred and  eighty-one  of  the  Code  of  Civil  Procedure. 

3.  Upon  an  appeal  authorized  by  this  section  being 
taken  and  perfected,  the  clerk  of  the-  city  court  of  Mount 
Vernon  shall,  at  the  expense  of  the  appellant,  forthwith  cer- 
tify and  file  with  the  clerk  of  the  appellate  court,  a  copy  of 
the  notice  of  appeal,  judgment-roll,  and  case,  if  any  made 
and  settled  (which  case  must  be  made  and  settled  as  cases 
of  appeal  are  made  and  settled  in  .the  supreme  court),  or  if 
the  appeal  be  from  an  order,  a  copy  of  the  notice  of  appeal, 
order  appealed  from,  and  of  the  papers  upon  which  the  or- 
der was  granted. 

4.  The  appeal  shall  be  heard  upon  the  return  thus 
filed,  and  the  judgment  or  order  appealed  from  may,  by 
the  appeallate  court  be  affirmed,  modified  or  reversed,  as 
shall  be  just  and  proper,  and  when  necessary  and  proper  a- 
new  trial  granted. 

5.  The  order  or  judgment  of  the  appellate  court  shall 
be  certified  and  remitted  to  the  city  court  of  Mount  Ver- 
non to  be  enforced,  and  judgment  thereon  with  costs,  if  any 
shall  be  entered  in  the  city  court  of  Mount  Vernon  only. 

6.  From  the  order  of  judgment  of  the  general  term 
of  the  supreme  court,  on  appeals  taken  under  this  act,  an 
appeal  must  be  taken  to  the  court  of  appeals,  if  allowed  by 
the  supreme  court,  by  an  order  made  by  the  general  term, 
which  rendered  the  determination,  or  at  the  next  general 
term  after  judgment  is  entered  thereupon.  Said  appeal  shall 
be  taken  in  the  same  manner  as  provided  in  the  Code  ctf 
Civil  Procedure,  for  other  appeals,  to  the  court  of  appeals. 
From  the  order  of  judgment  of  the  county  court  of  West- 
chester county,  on  any  appeal  to  it,  taken  under  this  act,. 


51 

an  appeal  must  be  taken  to  the  general  term  of  the  su- 
preme court,  m  the  same  cases  and  in  the  same  manner  as 
provided  by  chapter  thirteen,  title  three,  of  the  Code  of 
Civil  Procedure,  for  appeals  to  the  supreme  court  from  an 
inferior  court,  except  that  the  judgment  rendered  or  order 
made  by  the  supreme  court  must  be  certified  and  remitted 
to  the  clerk  of  the  city  court  of  Mount  Vernon,  in  whose 
ofifice  the  judgment-roll  or  appellate  papers  must  be  filed, 
and  the  said  judgment  or  order  of  the  supreme  court. must 
be  entered. 

7.  Proceedings  upon  the  judgment  or  order  appealed 
from  shall  in  no  case  be  stayed  except  by  giving  an  under- 
taking as  required  by  this  act,  or  by  an  order  of  the  city 
court  of  Mount  Vernon,  or  city  judge,  or  as  otherwise  pro- 
vided in  the  Code  of  Civil  Procedure. 

8.  All  appeals  under  this  act  to  the  county  court  of 
Westchester  county  must  be  taken  within  thirty  days  after 
notice,  in  writing,  of  the  entry  of  the  order  or  judgment  ap- 
pealed from.  All  appeals  to  the  supreme  court  must  be 
taken  within  sixty  days  after  notice,  in  writing,  of  the  entry 
of  the  judgment  or  order  appealed  from.  All  appeals  to  the 
court  of  appeals,  must  be  taken  within  the  time  specified  in 
section  thirteen  hundred  and  twenty-five  of  the  Code  of 
Civil  Procedure. 

The  Commissioner  of  Public  Works. 
Section  115.  Unless  the  common  council  otherwise 
orders,  the  commissioner  of  public  works  of  the  city  of 
Mount  Vernon  shall  have  charge,  supervision  and  control 
of  all  persons  employed  by  said  city  and  at  work  on  the 
streets,  avenues,  highways,  sidewalks,  sewers,  drains  and 
public  works  of  said  city,  he  shall  also  have  charge  of  all 
streets,  avenues,  sidewalks  and  highways  of  said  city,  and  it 
shall  be  his  duty  to  keep  the  same  clean  and  in  good  repair. 
He  shall  superintend  all  work  ordered  by  the  Common 
Council,  and  shall  report  to  the  said  Common  Council  at 
each  regular  meeting  on  the  work  done  under  his  supervi- 
sion.    He  shall  certify  to  the  correctness  of  the  pay-roll  of 


52 

the  employees  of  the  city  under  his  control,  and  shall  ex- 
amine and  report  to  the  Common  Council,  at  each  regular 
meeting,  on  all  bills  or  charges  incurred  for  work  done  un- 
der his  supervision.  He  shall  make  or  cause  to  be  made, 
all  surveys,  maps,  plans,  profiles  and  specifications  for  all 
work  ordered  by  the  Common  Council  whether  said  work 
is  to  be  paid  by  assessment  or  a  general  tax,  unless  other- 
wise provided  for  by  this  act,  but  all  of  such  surveys,  maps, 
plans,  profiles  and  specifications  shall  be  submitted  by  him 
to  the  Common  Council  and  shall  be  subject  to  the  approval 
of  said  Common  Council.  (As  amended  by  the  Laws  of 
1896,  Chapter  692). 

Section  116.  All  petitions  for  improvements  must  be 
filed  in  the  office  of  said  commissioner,  and  be  submitted 
by  him  forthwith  to  the  common  council  together  with  his 
report  thereon. 

Section  117.  All  maps,  plans,  profiles,  specifications, 
contracts  and  records  relating  to  public  improvements  in 
said  city,  except  those  which  by  law  or  by  order  of  the  Com- 
mon Council  are  to  be  filed  elsewhere,  shall  be  filed  in  the 
office  of  the  commissioner  of  public  works. 

Section  118.  Unless  so  otherwise  ordered  by  the  Com- 
mon Council,  he  shall  locate  all  fire  hydrants  and  all  gas, 
naptha,  electric  and  other  lamps  hereafter  ordered  by  the 
Common  Council;  and  he  shall  supervise  the  laying  of  gas 
and  water-mains,  and  the  making  of  connections  therewith, 
and  with  sewers  and  drains,  the  laying  of  electric  subways 
and  the  making  of  all  other  openings  or  excavations  in  any 
of  the  streets,  avenues,  highways  or  public  places  in  said 
city.  He  shall  supervise  and  regulate  the  erection  of  poles 
and  other  contrivances  in  said  city,  for  the  carrying  of  elec- 
tric conductors  or  any  other  purpose.  No  pole  shall  be  erect- 
ed and  no  opening  of  any  kind  whatever  shall  be  made  in 
any  of  the  streets,  avenues,  highways  or  public  places  in 
satd  city  without  his  written  consent. 

Section  119.  The  said  commissioner  of  public  works 
IS  hereby  empowered  to  make,  or  cause  to  be  made,  all 
necessary  tests  to  determine  the  quality  and  amount  of  the 


53 

light  and  water  supply  of  said  city;  and  it  shall  be  his  duty 
to  report  to  the  Common  Council  from  time  to  time,  and 
especially  whenever  required  by  said  Common  Council,  the 
result  of  his  investigations. 

Section  120.  The  said  commissioner  of  public  works, 
acting  under  ordinances  adopted  by  the  Common  Council 
shall  have  power:  First,  to  grant  permits  to  connect  with 
sewers  and  drains;  second,  to  appoint  one  or  more  inspect- 
ors, by  and  with  the  consent  and  approval  of  the  Common 
Council  to  see  that  such  connections  are  made  without  detri- 
ment to  such  sewers  or  drains,  or  to  the  streets,  avenues, 
highways,  and  public  places  in  said  city,  and  to  see  that  all 
contracts  with  said  city  are  faithfully  performed;  third,  to 
grant  permits  for  opening  streets,  avenues,  highways  and 
public  places;  and  fourth,  to  remove  incumbrances  there- 
from; fifth,  to  appoint  a  sanitary  inspector  by  and  with  the 
consent  of  the  Common  Council. 

Section  121.  It  shall  be  the  duty  of  said  commissioner 
of  public  works  to  supervise  and  carefully  examine  all  work 
done  under  contract  with  said  city,  and  to  report  thereon 
at  such  regular  meeting  of  the  Common  Council. 

Section  122.  The  said  commissioner  of  public  works 
shall  have  the  power  to  employ  such  men  as  may  be  re- 
quired to  perform  any  public  work  not  done  by  contract  and 
to  discharge  them,  the  number  to  be  employed  at  any  one 
time  to  be  subject  to  the  direction  and  control  of  the  Com- 
mon council. 

Section  123.  The  salary  of  the  commissioner  of  pub- 
lic works  shall  be  three  thousand  five  hundred  dollars  per 
annum  payable  monthly.  (As  amended  by  Chapter  255, 
Laws  1905). 

Section  124.  The  Common  Council  are  hereby  au- 
thorized and  empowered  to  add  a  sum  not  exceeding  ten 
per  centum  of  the  whole  cost,  to  the  cost  of  each  improve- 
ment to  be  paid  for  by  assessments,  as  engineering  and 
superintendence  fees,  such  sum  is  to  be  levied,  assessed  and 
paid  to  the  city  treasurer. 

Section  125.     The  said  commissioner  of  public  works- 


54 

shall,  before  entering  on  the  duties  of  his  office,  make, 
execute  and  file  with  the  city  clerk  a  bond  to  the  city  of 
Mount  Vernon  in  a  penal  sum  to  be  fixed  by  the  Common 
Council  and  with  two  or  more  sureties  who  shall  be  free- 
holders within  and  residents  of  the  city,  to  be  approved  by 
said  Common  Council,  conditioned  that  he  will  faithfully 
execute  the  duties  of  his  office  and  see  that  all  work  done 
under  his  supervision  or  that  of  his  subordinates  is  faith- 
fully performed.  Said  bonds  must  be  duly  acknowledged 
and  the  sureties  named  therein  must  justify  in  at  least  double 
the  amount  thereof  before  the  same  can  be  approved  and 
filed. 

Section  126.  The  Common  Council  may,  in  its  discre- 
tion, deduct  from  the  salary  of  the  commissioner  of  pubHc 
works  a  reasonable  sum  for  his  absence  from  duty  and  may 
remove  said  commissioner  for  dereliction  of  duty  upon  writ- 
ten charges  to  be  preferred  by  one  or  more  members  of 
said  Common  Council  by  a  two-thirds  vote  of  all  the  mem- 
bers of  said  Common  Council. 

Counsel,  duties  and  salary. 

Section  127.  It  shall  be  the  duty  of  the  counsel  to  the 
corporation  to  advise  the  commissioner  of  public  works, 
when  requested  to  do  so,  in  writing. 

Section  128.  The  counsel  to  the  corporation  shall 
have  charge  and  conduct  of  all  of  the  law  business  of  the  city 
of  Mount  Vernon,  its  officers,  departments  and  Boards  of 
Commissioners,  unless  the  Common  Council  shall  express- 
ly provide  otherwise  in  any  particular  case.  The  salary  of 
the  said  counsel  to  the  corporation  shall  be  at  the  rate  of 
five  thousand  dollars  per  annum.  (As  amended  by  the  Laws 
of  1904,  Chapter  695). 

Of  Officers   generally. 

Section   129.     The  Common  Council  may  prescribe  the 

powers  and  duties,  and  fix  the  compensation  or  fees  of  all 

officers  elected  or  appointed  under  this  act,  except  as  is 

herein  otherwise  provided;  but  no  salary  shall  be  changed 

.during  the  term  of  office  of  any  such  officer. 


55 

AMENDMENTS. 
Section  3  of  Chapter  165  of  the  Laws  of  1903. 


Section  3.  At  the  next  general  election  to  be  held  in 
said  city  of  Mount  Vernon,  there  shall  be  submitted  to  a 
vote  of  the  duly  qualified  voters  of  said  city,  the  question  of 
the  compensation  of  the  mayor,  aldermen  and  treasurer  of 
said  city;  and  for  this  purpose  the  city  clerk  shall  provide 
and  deliver  to  the  inspectors  of  election  at  each  of  the  poll- 
ing places  in  said  city,  before  the  opening  of  the  polls  on 
the  day  of  said  election,  sufficient  printed  ballots  for  the  use 
of  the  electors  to  vote  on  this  question,  which  ballots  shalt 
be  endorsed  "amendments  to  the  city  charter,"  and  shall, 
as  the  same  are  voted,  be  deposited  in  a  ballot  box,  to  be 
specially  provided  therefor,  marked  "amendments  to  the 
cfty  charter."  Upon  the  inside  of  such  ballot  shall  be  print- 
ed the  amendments  or  questions  to  be  voted  upon,  to  wit, 
the  words,  "compensating  the  mayor  and  aldermen,  and  in- 
creasin'g  the  salary  of  the  city  treasurer."  Opposite  and  be- 
fore sucH  amendments  or  questions  so  to  be  submitted,  shall 
be  printed  two  squares  inclosed  in  ruled  lines,  one  above 
the  other.  Preceding  the  upper  one  of  such  squares  shall 
be  printed  the  word  "yes,"  and  preceding  the  lower  one  of 
such  squares  shall  be  printed  the  word  "no."  And  said  bal- 
lots shall,  in  all  other  respects,  conform  to  section  eighty- 
two  of  chapter  nine  hundred  and  nine  of  the  laws  of  eighteen 
hundred  and  ninety-six,  as  amended  by  chapter  five  hun- 
dred and  ninety-eight,  of  the  laws  of  nineteen  hundred  and 
one.  The  inspectors  of  election  of  said  city  shall,  at  the 
close  of  said  election,  canvass  the  said  votes,  and  make  a 
certificate  thereof,  and  immediately  file  the  same  with  the 
city  clerk  of  said  city.  The  Common  Council  of  said  city 
shall  convene  on  the  day  following  said  election,  at  eight 
o'clock  in  the  evening,  at  which  time  the  said  certificates 
from  each  polling  place  shall  be  produced,  and  shall  forth- 
with proceed  to  canvass  such  certificates;  and  thereupon 
shall  cause  a  statement  of  such  canvass  to  be  entered  in 
full  on  their  minutes,  showing  the  result  of  such  election.    In 


56 

case  a  majority  of  the  \otes  cast  at  said  election  shall  be  in 
favor  of  said  amendments  or  questions  voted  upon,  the 
Common  Council  shall  thereafter  cause  to  be  paid 'to  the 
mayor  of  said  city  an  annual  salary  of  one  thousand  dollars 
per  annum,  and  to  each  alderman,  an  annual  salary  of  five 
hundred  dollars  per  annum,  and  to  the  city  treasurer,  an 
annual  salary  of  one  thousand  dollars  per  annum,  such  sal- 
aries to  be  payable  monthly.  In  case  a  majority  of  the  votes 
cast  at  said  election  shall  be  against  such  amendments  or 
questions,  the  salary  of  the  city  treasurer  of  said  city  shall 
continue  to  be  the  sum  of  five  hundred  dollars  per  annum, 
and  shall  thereafter  be  paid  by  said  Common  Council  month- 
ly to  such  ofificer  and  until  the  time  for  holding  the  next 
general  election  in  said  city  the  salary  of  the  said  city  treas- 
urer shall  be  at  the  rate  of  five  hundred  dollars  per  annum, 
and  to  be  paid  by  said  Common  Council  monthly  to  such 
officer.  (The  result  of  such  election  was  in  favor  of  payment 
of  such  salaries.     See  minutes  of  city  clerk.  Book  29,  page 

398). 

Section  130.  No  officer  shall  receive  any  penalty,  fine 
or  claim  or  other  money  for  or  due  the  city  except  the  city 
judge,  city  clerk,  or  an  officer  having  power  by  law  to  issue 
an  execution  to  collect  the  same  or  authorized  so  to  do 
by  the  Common  Council.  Such  moneys  and  all  fees,  per- 
quisites and  emoluments  of  salaried  officers,  and  all  other 
moneys  received  by  city  officers  as  such,  and  by  the  board 
of  health  and  commissioners  of  excise,  except  as  otherwise 
provided  by  this  act,  must  be  paid  into  the  city  treasury  on 
or  before  the  last  day  of  the  month  in  which  received.  Any 
person  neglecting  to  pay  any  moneys  into  the  city  treasury, 
as  in  this  section  required,  or  receiving  any  money  forbidden 
by  this  section  to  be  received  by  him,  shall  be  guilty  of  a 
misdemeanor.  But  nothing  in  this  section  contained  shall 
be  construed  to  prohibit  the  city  clerk  from  receiving  and 
retaining  to  his  own  use  reasonable  compensation,  or  such 
as  fixed  by  the  Common  Council,  for  his  services  in  making 
searches,  furnishing  certificates  or  copies  of  the  records  in 
his  office  or  issuing  permits. 


57 

Section  131.  Every  officer  must  report  to  the  Com- 
mon Council  in  writing  on  the  first  day  of  every  month,  all 
moneys,  fees,  fines,  or  penalties  received  by  him,  for  what 
received,  and  how  disposed  of.  Every  officer  authorized  to 
receive  any  moneys,  fees,  fines,  or  penalties  must,  before 
entering-  upon  the  discharge  of  the  duties  of  his  office,  make, 
execute  and  file  with  the  city  clerk  a  bond  to  the  city,  with 
sureties,  in  such  penalty  as  shall  be  fixed  by  the  Common 
Council.  Such  bond  shall  be  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office,  and  must  be  approved 
by  the  mayor,  unless  otherwise  provided  in  this  act. 

Title  IV. 
Of  the  Assessment,  Levying  and  Collection  of  Taxes. 

Section  132.  The  city  clerk,  under  the  direction  of  the 
Common  Council,  shall  correct  all  manifest  clerical  errors 
in  the  description  or  valuation  of  property  in  the  assessment- 
rolls.  The  Common  Council  shall  thereupon  confirm  said 
rolls,  and  the  city  clerk  shall  make  a  correct  copy  thereof, 
certify  the  same  and  deliver  it  to  the  supervisor,  to  be  by 
him  presented  to  the  Board  of  Supervisors  at  their  next 
meeting. 

Section  133.  The  Board  of  Supervisors  of  Westchest- 
er county,  at  their  annual  meeting,  after  receiving  a  cer- 
tified copy  of  the  said  assessment-rolls,  shall  equalize  the 
assessment-rolls  of  the  several  towns  of  the  said  county,  as 
is  provided  by  law,  and  by  Correct  principles  ascertain,  and 
by  resolution  declare  and  direct  the  amount  of  tax  to  be 
levied  in  the  city  for  county,  state  and  general  purposes,  and 
a  copy  of  such  resolution,  certified  by  the  chairman  of  said 
Board  of  Supervisors,  and  attested  by  the  common  seal  of 
said  county,  shall  be  delivered  to  the  supervisor  of  the  city 
of  Mount  Vernon,  whose  duty  it  is  to  file  the  same  with  the 
city  clerk,  who  shall  present  the  same  to  the  Common  Coun- 
cil; and  the  Common  Council  shall  thereupon  levy  the 
amount  of  the  said  tax  as  herein  provided,  and  cause  the 
said  amount  to  be  paid  to  the  county  treasurer,  or  to  be 
deposited  in  such  bank  in  the  city  as  he  may  designate,  on 


58 

the  twentieth  day  of  March  in  each  year^  or  as  soon  there- 
after as  may  be. 

Section  134.  The  Common  Council  is  hereby  em- 
powered to  levy  and  raise  money  by  tax,  to  be  assessed  upon 
the  property,  real  and  personal,  liable  to  taxation  within  the 
city  and  upon  the  stockholders  of  banks,  trust  companies, 
and  banking  associations  organized  pursuant  to  law  and  lo- 
cated within  the  city,  to  be  collected  from  the  several  owners 
of  any  real  and  personal  property,  and  from  such  banks, 
trust  companies  and  banking  associations  not  to  exceed  in 
any  one  year  as  follows: 

1.  The  surns  directed  by  the  Board  of  Supervisors  of 
Westchester  county  to  be  levied  within  said  city  for  state, 
county  and  other  general  purposes. 

2.  The  principal  and  interest  of  the  bonded  indebted- 
ness of  the  city,  namely  the  sum  actually  due  the  ensuing 
year  which  cannot  be  paid  by  the  accuftiulation  in  the  sink- 
ing fund. 

3.  To  defray  the  ordinary  and  contingent  expenses  of 
the  city  the  sum  set  forth  in  the  annual  current  expense 
budget  in  the  following  mann^er :  After  the  passage  of  this 
act,  the  commissioner  of  public  works,  the  city  judge,  the 
city  clerk,  the  comptroller,  the  corporation  counsel,  the  re- 
ceiver of  taxes  and  assessments,  the  city  treasurer,  the  board 
of  assessors,  the  board  of  health,  the  fire  commissioners, 
the  plumbing  commisioners  and  all  other  boards  of  com- 
missioners requiring  any  expenditure  of  city  funds  shall 
each  prepare  and  present  to  the  Common  Council  on  or  be- 
fore the  fifteenth  day  of  January  in  each  year,  a  full*  and 
itemized  statement  or  estimate  of  the  necessary  expenses 
of  his  or  its  office,  department  or  board  for  the  next  fiscal 
year,  and  on  or  before  the  first  day  of  March  in  such  year, 
the  Common  Council  shall  review  and  enquire  into  the 
statements  or  estimates  received  from  the  several  officers, 
boards  and  departments,  above  cited,  and  shall  approve  or 
reduce  each  of  said  estimates,  and  shall  fix  the  amount 
which  the  public  interest  requires  shall  be  expended  by 
each  of  said  officers,  boards  or  departments.    The  Common 


59 

Council  may  also  determine  and  fix  in  a  detailed  statement 
any  other  items  of  expense  not  hereinbefore  included  and 
which  the  public  interest  require  should  then  be  expended; 
such  items  to  constitute  and  to  be  named  in  the  budget  a  con- 
tingent fund.  The  Common  Council  may  also  include  in  such 
annual  budget,  a  separate  and  fixed  sum  as  an  emergency 
fund,  and  to  be  used  only  in  case  of  pestilence,  contagious 
diseases,  a  devastation  in  the  city  which  fund  is  not  to  be  ex- 
pended only  upon  the  recommendation  of  the  mayor  and 
with  the  approval  of  two-thirds  of  the  Common  Council. 
Within  ten  days  after  the  annual  budget  has  been  fixed  and 
determined  by  the  Common  Council,  including  the  deduc- 
tions for  the  sums  to  be  taken  from  the  general  fund  and 
the  current  expense  fund  as  hereinafter  provided,  the  mayor 
shall  approve  the  same  or  reduce  or  reject  any  item  thereof, 
upon  filing  with  the  city  clerk  a  written  statement  of  his 
reasons  for  such  rejection  or  reduction.  After  the  mayor 
has  fixed  such  statement  reducing  or  rejecting  any  item, 
the  said  item  if  rejected  shall  not  be  included  in  the  sum 
total  of  the  expenses  of  the  city  to  be  raised  by  tax,  but  il 
the  Common  Council  by  a  two-thirds  vote  of  all  members 
thereof  taken  at  a  meeting  of  the  said  Common  Council 
held  within  ten  days  after  the  mayor  has  filed  such  written 
statement  with  the  city  clerk,  shall  overrule  such  rejection 
or  reduction,  and  when  the  Common  Council  by  such  two- 
thirds  vote  shall  overrule  the  rejection  or  reduction  of  any 
item  upon  such  list  of  proposed  expenses,  the  said  item  or 
items  shall  be  restored  in  the  same  manner  as  if  no  action 
thereon  had  been  taken  by  the  mayor.  If  no  item  of  said 
current  expense  budget  shall  be  rejected  or  reduced  by  the 
mayor  in  the  manner  above  prescribed,  then  the  sum  total 
of  said  current  expense  budget  shall  be  the  amount  which 
the  Common  Council  is  authorized  to  raise  by  tax  to  de- 
fray the  expense  of  the  city;  and  if  other  items  shall  be  re- 
jected or  reduced  by  the  mayor,  and  shall  not  thereafter  be 
restored  by  the  two-thirds  vote  of  the  Common  Council  in 
the  manner  above  prescribed  then  the  sum  total  of  the 
current  expense  budget,  less  the  sum  total  of  the  items  re- 


60 

jected  and  the  reduction  made  shall  be  the  total  amount 
which  the  Common  Council  is  authorized  to  raise  by  tax  to 
defray  the  expenses  of  the  city  for  the  next  fiscal  year, 
provided  that  in  no  year  shall  the  total  amount  of  the  current 
expense  budget  as  thus  fixed  exceed  seven-eighths  of  one  per 
centum  of  the  value  of  the  taxable  real  property  of  the  city 
of  Mount  Vernon,  as  the  said  value  is  fixed  and  determined 
upon  the  books  of  the  tax  assessors  of  the  said  city,  and  pro- 
vided further  that  the  amount  fixed  within  the  said  current 
expense  fund  for  the  fire  department  of  the  said  city  shall 
not  exceed  one-fifteenth  of  one  per  centum,  and  that  the 
amounts  fixed  therein  for  police  and  for  public  lighting  shall 
not  exceed  three-twentieths  of  one  per  centum  each  of  the 
value  of  the  taxable  real  property  of  the  said  city  as  above 
determined.  The  Common  Council  is  empowered  to  levy  and 
raise  money  by  tax  to  be  assessed  upon  the  property  real 
and  personal  liable  to  taxation  within  the  city,  and  upon  the 
stockholders  of  banks  and  banking  associations  organized 
pursuant  to  law  and  located  within  the  city,  to  be  collected 
from  the  several  owners  of  any  real  and  personal  property, 
and  from  such  banks  and  banking  associations  during  the 
year  nineteen  hundred  and  two  not  to  exceed  as  follows: 

1.  The  sums  directed  by  the  Board  of  Supervisors  of 
Westchester  County  to  be  levied  within  said  city  for  state, 
county  and  other  general  purposes. 

2.  To  defray  the  ordinary  contingent  expenses  of  the 
city  and  for  the  expenses  of  the  police  department  and  of 
the  fire  department  a  sum  not  exceeding  seven-eighths  of 
one  per  centum  of  the  value  of  the  taxable  real  property  of 
the  city  of  Mount  Vernon  as  the  same  is  fixed  and  deter- 
mined upon  the  books  of  the  tax  assessors  of  the  said  city. 
And  thereafter,  beginning  with  the  tax  levied  during  the 
year  nineteen  hundred  and  three,  the  current  expense  bud- 
get of  the  city  shall  be  fixed  and  determined  as  hereinbefore 
provided  in  this  act,  and  nothing  in  this  special  provision  re- 
lating to  the  tax  to  be  levied  in  the  year  nineteen  hundred 
and  two  shall  be  deemed  to  alter  or  modify  the  general  pro- 
visions hereinbefore  set  forth.    All  moneys  collected  by  tax 


61 

or  assessment  or  otherwise  for  the  expenses  of  the  city 
government,  or  for  any  specific  object  or  purpose  whatever, 
shall  be  applied  to  the  payment  of  such  expenses,  or  for 
such  object  or  purpose,  and  no  other.  It  shall  not  be  law- 
ful to  apply  any  money  collected  or  appropriated  for  one 
purpose  to  any  other  purpose,  and  the  Common  Council 
is  forbidden  to  make  any  direction  or  order  for  such  mis- 
appropriation;  the  mayor  approving"  of,  or  any  alderman 
voting  in  favor  of,  a  resolution  which  shall  be  adopted  mak- 
ing any  such  illegal  appropriation  of  money,  or  any  elected 
or  appointed  officer  directing  any  such  illegal  act  to  be  done, 
or  doing  such  act,  under  such  resolution  shall  be  deemed 
guilty  of  a  misdemeanor.  (As  amended  by  the  Laws  of 
1902,  Chapter  610). 

Section  135.  Whenever  any  tax  shall  have  been  levied 
by  the  Common  Council  it  shall  cause  to  be  apportioned 
and  extended  the  gross  sum  so  levied,  opposite  the  several 
valuations  of  real  and  personal  property  appearing  in  the 
assessment-rolls,  in  conformity,  as  near  as  practicable,  with 
the  provisions  of  law  in  respect  to  the  apportionment  and 
extending  of  taxes  by  Boards  of  Supervisors;  and  when 
such  apportionment  shall  be  completed,  it  shall  confirm  the 
same;  and  the  day,  hour  and  minute  of  such  confirmation 
shall  be  entered  hj  the  city  clerk  in  the  minutes  of  the  Com- 
mon Council,  and  from  the  moment  of  such  confirmation 
the  taxes  so  embraced  in  such  rolls,  as  apportioned,  shall 
be  the  first  lien  upon  the  property,  respectively,  against 
which  the  same  is  therein  levied.  The  city  clerk  shall  there- 
upon deliver  the  rolls  to  the  receiver  of  taxes,  with  a  warrant 
annexed  thereto  signed  by  the  mayor,  or  by  a  majority  of 
the  members  of  the  Common  Council,  directed  to  such  re- 
ceiver, commanding  him  to  collect  the  amount  of  said  tax 
in  the  same  manner  ^s  taxes  are  collected  upon  warrants 
issued  by  Boards  of  Supervisors  to  collectors  of  towns,  ex- 
cept as  in  this  act  otherwise  provided,  and  to  make  return 
thereof,  and  pay  over  the  money,  as  therein  directed,  to- 
gether with  all  interest  and  percentage  collected  by  .him. 
Such  warrant  shall  be  returned  at  such  time  as  the  Common 


G2 

Council  shall  direct,  which  time  may  be  extended  from  time 
to  time  by  resolution  of  the  Common  Council. 

Section  136.  No  interest  or  percentage  shall  be 
charged  upon  any  tax  paid  within  one  month  from  the  first 
publication  of  the  notice  provided  in  section  forty-seven  of 
this  act.  To  all  taxes  paid  thereafter  shall  be  added  in- 
terest at  the  rate  of  eight  per  centum  per  annum  from  the 
first  publication  of  said  notice,  which  shall  become  a  part 
of  and  be  collected  with  said  taxes.  (As  amended  by  the 
Laws  of  1896,  Chapter  692). 

Section  137.  The  taxes  on  any  real  estate  occupied  by 
a  person  or  corporation  other  than  the  owner  may  be  paid 
by  the  occupant,  and  he  has  the  right  to  collect  the  amount 
thereof,  if  paid  by  him,  from,  or  set  ofif  the  amount  thereof 
against,  the  claim  of  the  owner  for  rent. 

Section  138.  Every  inhabitant  of  the  city  having  in 
his  possession  or  under  his  control,  any  taxable  property, 
as  trustee,  guardian,  executor  or  administrator,  shall  be 
taxable  to  the  amount  thereof,  and  may  charge  the  tax, 
when  paid,  against  the  estate,  of  which  he  is  trustee,  guar- 
dian, executor,  or  administrator. 

Section  139.  The  Common  Council  shall  have  power 
to  remit  the  tax  on  any  property  deemed  by  it  to  have  been 
erroneously  assessed,  and  to  levy  and  assess  the  amount  so 
remitted  with  the  taxes  of  the  following  year. 

Section  140.  Any  tax  levied  upon  shares  of  the  capital 
stock  of  any  bank  or  banking  association  shall  be  and  remain 
a  lien  thereon  until  paid.  Whenever  the  owner  of  any 
such  shares  of  stock  upon  which  a  tax  is  or  shall  be  levied 
shall  omit  to  pay  such  tax,  such  lien  may  be  enforced,  and 
said  tax  wFth  the  interest  and  percentage  thereon  collected 
from  the  proceeds  of  the  sale  of  the  shares  of  the  stock 
on  which  the  tax  was  levied,  by  action,  by  the  city,  in  any 
court  having  jurisdiction ;  and  the  judgment  in  such  action 
may  direct  the  sale  of  such  shares  for  payment  of  such  tax, 
interest,  percentage  and  costs,  and  may  direct  the  payment 
of  the  same  out  of  any  dividends  declared  upon  such  shares 
of  stock. 


63 

Section  141.  Upon  the  application  in  writing  of  any 
person  desiring  to  pay  the  tax  or  assessment  on,  or  to  re- 
deem from  sale  for  any  unpaid  tax  or  assessment  a  part  of 
any  lot  or  land,  or  one  or  more  lots  of  land,  upon  which, 
with  other  lots  of  land,  a  tax  or  assessment  has  been  levied, 
the  assessors  shall  apportion,  in  writing,  the  tax  or  assess- 
ment on  such  lot  or  lots  of  land,  or  the  amount  for  which 
the  same  shall  have  been  sold,  between  the  land  which  the 
applicant  desires  to  pay  the  tax  or  assessments  upon,  or  to 
redeem,  and  the  remaining  part  "thereof,  and  like  proceed- 
ings may  be  had  thereafter  as"  if  the  land  had  been  separately 
assessed,  and  a  separate  amount  of  tax  or  assessment  levied 
upon  each.  Such  apportionment  shall  be  filed  with  the  city 
clerk.     (As  amended  by  the  Laws  of  1896,  Chapter  692). 

Section  142.  The  Common  Council  may,  from  time  to 
time,  issue  bonds  of  the  city,  to  be  known  as  "tax  relief 
bonds,"  provided  that  no  such  bond  shall  be  issued  in  excess 
of  the  amount  of  taxes  remaining  unpaid  for  the  collection 
of  which  warrants  shall  have  been  issued.  Such  bonds  shall 
be  in  such  denominations,  bear  such  interest,  not  exceeding 
the  legal  rate,  and  mature  at  such  times,  not  exceeding  three 
years  from  their  date,  as  the  Common  Council  shall  pre- 
scribe, and  shall  be  signed  by  the  mayor  and  city  clerk,  and 
sealed  with  the  city  seal.  The  Common  Council  shall  con- 
vert such  bonds  into  money,  at  not  less  than  their  par  value, 
or  obtain  temporary  loans  upon  the  same.  When  the  amount 
of  such  bonds  outstanding  shall  be  equal  to  the  amount  of 
taxes  remaining  unpaid,  the  Common  Council  shall  cause 
all  moneys  received  for  such  unpaid  taxes,  and  interest  on 
the  same,  to  be  held  exclusively  for  the  payment  of  such 
bonds  and  the  interest  thereon,  except  as  in  this  act  other- 
wise provided. 

TITLE  V. 
Of  the  sale  of  lands  for  non-payment  of  taxes. 

Section  143.  Whenever  a  return  of  unpaid  taxes  shall 
be  made  to  the  Common  Council,  such  taxes,  with  interest, 
percentage,  and  expenses  of  collection,  shall  be  collected 
as  hereinafter  provided. 


64 

Section  144.  The  Common  Council  shall  reject  all 
taxes  returned  unpaid  on  lands  imperfectly  described,  and 
make  and  file  with  the  city  clerk  a  transcript  of  such  re- 
jected taxes.  The  Common  Council  shall  charge  each  piece 
of  land  for,  or  on  which,  it  shall  deem  any  rejected  tax  was 
levied,  with  the  amount  of  the  tax  and  percentage  returned, 
adding  eight  per  centum  thereto,  and  levy  the  same  thereon, 
with  and  in  addition  to  the  tax  of  the  following  year,  but  in 
a  seperate  column  of  the  assessment-roll.  If  any  land  is  so 
imperfectly  described  that  it  cannot  with  certainty  be  locat- 
ed, the  Common  Council  shall  cause  the  tax  returned  there- 
on to  be  levied  the  following  year  upon  the  taxable  property 
of  the  city.  The  return  of  unpaid  taxes  must  then  be  de- 
livered to  the  receiver  of  taxes,  with  the  original  warrant, 
under  which  he  must  receive  payment  of  such  unpaid  taxes, 
with  the  interest  and  percentage  thereon  until  the  day  fixed 
for  the  sale  of  the  lands  therefor.  He  must  write  the  word 
''paid,"  and  the  date  of  payment  on  such  return,  opposite 
each  tax  paid,  and  file  the  warrant,  rolls,  and  return  with  the 
city  clerk  before  the  hour  fixed  for  such  sale. 

Section  145.  No  lands  shall  be  sold  for  an  unpaid  tax 
until  at  least  two  years  after  it  shall  have  been  levied.  The 
Common  Council  within  three  years  after  any  unpaid  tax 
shall  have  been  levied,  shall  take  proceedings  for  the  sale 
of  lands  charged  therewith  as  hereinafter  provided.  It  shall 
fix  the  time  for  the  sale  of  lands  for  tmpaid  taxes,  and  cause 
a  list  to  be  prepared  of  all  the  lots  and  parcels  of  land,  the 
taxes  on  which  have  been  returned  unpaid  and  have  not 
been  rejected  or  paid  to  the  receiver  of  taxes  with  a  de- 
scription of  such  lands  by  their  respective  numbers,  accord- 
ing to  the  maps  designated  in  the  assessment-rolls,  to  be 
published  in  the  official  city  newspapers  once  in  each  week 
for  three  weeks,  successively,  next  preceding  the  day  fixed 
for  the  sale  of  such  lands,  together  with  a  notice  that  if  said 
taxes  be  not  paid  to  the  receiver  of  taxes,  with  the  interest, 
percentage  and  expenses  of  publication,  on  or  before  the 
day  fixed  for  such  sale,  such  lands  will  be  sold  at  public 
auction  at  .the  time  and  place  designated  in  said  notice,  for 


65 

the  shortest  period  of  time  for  which  any  person  may  offer 
to  take  the  same,  in  consideration  of  advancing  the  tax  with 
the  percentage  and  interest  thereof  to  the  time  of  sale,  and 
all  expenses  that  have  accrued  thereon. 

Section  146.  If  such  tax  be  not  so  paid  the  lands  so 
advertised  shall  be  sold  by  the  city  clerk,  who  shall  give 
the  purchaser  a  certificate  under  the  corporate  seal  of  the 
city,  specifying  the  land  sold,  the  time  for  w^hich  sold,  the 
sum  paid  thereon,  and  the  time  when  the  purchaser  will  be 
entitled  to  a  lease  thereof.  Such  sale  may  be  adjourned 
from  time  to  time  not  exceeding  in  all  two  months.  The 
city  clerk  shall  keep  a  record  of  every  such  sale  in  a  book 
to  be  kept  for  that  purpose. 

Section  147.  At  any  time  within  three  years  after  the 
last  day  of  such  sale,  any  person  may  redeem  the  land  so 
sold  by  paying  to  the  city  clerk,  for  the  purchaser,  the  money 
paid  by  him  at  such  sale,  and  any  other  tax  or  assessment 
on  the  same  lands  which  the  purchaser  may  have  paid  with 
six  per  centum  per  annum  in  addition  thereto,  and  any 
reasonable  expense  incurred,  by  him  in  endeavoring  to  ascer- 
tain or  give  notice  to  any  mortgagee  of  such  lands,  provided 
that  a  statement  of  such  taxes  or  assessments  so  paid,  and 
such  expenses  made  in  items  and  verified  by  oath,  shall  have 
been  filed  with  the  city  clerk.  The  receipt  of  the  city  clerk, 
sealed  with  the  corporate  seal,  stating  such  payment  and 
showing  what  land  is  redeemed,  shall  be  legal  evidence  of 
such  redemption.  The  money  so  received  shall  be  paid  to 
the  purchaser,  his  legal  representatives  or  assigns  on  de- 
mand. The  city  clerk  shall  immediately  notify  the  purchaser 
of  its  receipt  by  him.  The  Common  Council  may  cause  to 
be  cancelled  and  discharged  of  record  any  lease  or  certificate 
of  sale  of  lands  for  any  unpaid  tax  or  assessment  held  by 
the  city  upon  payment  being  made  to  the  city  clerk  of  the 
amount  paid  by  the  city  on  the  purchase  of  said  lands  at  the 
tax  or  assessment  sale,  with  eight  per  centum  per  annum 
in  addition  thereto,  and  all  expenses  which  have  accrued 
thereon.  Whenever  the  amount  required  to  redeem  any 
lands  sold  for  any  unpaid  assessment,  shall  exceed  the  value 


66 

of  such  lands,  the  Common  Council  by  a  two-thirds  vote  of 
all  its  members,  may  cause  to  be  cancelled  and  discharged  of 
record  any  lease  or  certificate  of  sale  of  said  lands  for  such 
unpaid  assessment  held  by  the  city,  upon  payment  being" 
made  to  the  city  clerk  of  such  sum  as  the  Common  Council 
shall  determine  to  be  the  value  of  the  property  sold,  after 
deducting  amount  of  all  other  unpaid  taxes  and  assessments 
thereon,  and  sales  therefor. 

Section  148.  The  Common  Council  shall  cause  to  be 
published  in  the  official  city  newspapers  once  a  week  for 
six  consecutive  weeks  previous  to  the  expiration  of  such 
time  for  redemption  a  notice  that,  unless  the  lands  sold  shall 
be  redeemed  within  three,  years  from  the  last  day  of  such 
sale  they  will  be  leased  to  the  purchaser.  If  not  so  redeem- 
ed, the  mayor  and  city  clerk  shall  execute  to  the  purchaser, 
his  legal  representatives  or  assigns,  a  lease,  under  the  cor- 
porate seal  of  the  city  the  lands  so  sold  to  him  for  the 
term  for  which  the  same  was  sold,  and  such  lease  shall  be 
presumptive  evidence  that  such  tax  was  legally  imposed, 
was  not  paid,  the  land  was  not  redeemed,  and  of  the  regu- 
larity of  the  proceedings  and  sale.  (As  amended  by  the 
Laws  of  T904,  Chapter  128). 

Chapter  128,  Laws  of  1904. 
Section  3.  The  publication  of  any  notice  heretofore 
begun  or  made  in  conformity  with  sections  forty-seven  and 
one  hundred  and  forty-eight  as  hereby  amended,  shall  be 
sufficient  to  all  intents  and  purposes  as  if  such  publication 
had  been  made  in  accordance  with  such  sections  as  originally 
enacted. 

Section  149.  The  owner  of  such  lease  may,  by  virtue 
thereof  and  of  this  act,  obtain  possession  of  the  premises 
in  the  manner  prescribed  by  law  in  relation  to  persons  hold- 
ing over  when  the  premises  have  been  sold  under  execu- 
tion, and  may  lawfully  hold  and  enjoy  the  lands  mentioned 
therein  against  all  other  persons  until  the  time  for  which 
the  same  are  leased  shall  be  fully  ended,  except  as  in  this 
act    otTierwise   provided. 


67 

Section  150.  The  city  clerk  shall  receive  one  dollar 
for  selling  each  lot  and  making  the  certificate  of  sale,  which 
shall  be  a  part  of  the  expense  of  the  sale,  and  the  purchaser 
shall  pay  to  the  corporation  counsel  two  dollars  and  fifty 
cents  for  preparing  each  lease. 

Section  151.  It  shall  be  the  duty  of  the  city  clerk  at 
any  sale  of  lands  for  taxes,  to  purchase  for  the  city  every 
lot  or  parcel  of  land  offered  for 'sale  for  which  no  person 
shall  bid,  and  certificates  of  such  sale  shall  be  made  by  the 
city  clerk,  as  in  other  cases  such  lands  may  be  redeemed  as 
aforesaid.  If  not  redeemed  and  the  Common  Council  shall 
so  direct,  a  lease  thereof  may  be  made  and  executed  to  the 
city,  in  like  manner  and  with  like  effect  as  in  cases  of  sales 
to  other  purchasers,  but  the  city  clerk  and  corporation 
counsel  shall  not  receive  the  fees  provided  by  section  one 
hundred  and  fifty  of  this  act,  in  cases  where  the  city  pur- 
chases lots  at  such  sale.  (Amended  by  the  laws  of  1896, 
Chapter  692). 

Section  152.  The  interests  of  the  city  in  any  certifi- 
cates mentioned  in  the  last  preceding  section  may  be  as- 
signed, as  the  Common  Council  may  direct,  to  any  person 
who  shall  pay  to  the  city  clerk  the  fees  prescribed  by  sec- 
tion one  hundred  and  fifty  of  this  act,  together  with  the 
amount  of  the  purchase  money  mentioned  in  the  certificate, 
with  interest  thereon  at  the  rate  of  eight  per  centum  per  an- 
num, and  such  reasonable  expenses  as  may  have  been  in- 
curred in  endeavoring  to  ascertain  and  notify  the  mort- 
gagee ;  and  the  assignee  of  such  certificate  shall  be  entitled 
to  the  same  rights  and  privileges  as  if  he  had  been  the  orig- 
inal purchaser  at  the'  sale. 

Section  153.  No  lease  shall  be  made  to  any  person  of 
any  lands  sold  for  taxes  until  there  shall  be  paid  to  the  city 
clerk  all  sums  which  the  city  may  have  paid  for  the  purchase 
of  the'  same  lands  at  any  prior  sale,  for  which  it  holds  a 
certificate  or  lease,  with  the  interest  at  the  rate  of  eight  per 
centum  per  anntrtn,  from  the  date  of  such  ^ales,  respec- 
tively, and  alt  expenses  incurred  thereon  by  the  city,  .and 
all  unpaid  taxes  and  assessments  thereon. 


68 

Section  154.  Any  such  lease  held  by  the  city  may  be 
assigned  as  the  Common  Council  may  direct,  for  a  sum  not 
less  than  the  amount  due  upon  said  lands  at  the  time  of  the 
sale,  with  the  interest  and  expenses  thereon. 

Section  155.  The  Common  Council  may  issue  bonds 
of  the  city,  to  be  known  as  "redemption  bonds,"  to  the 
amount  of  purchase  money  of  the  several  lots  and  parcels  of 
land  purchased  for  the.  city.  Such  bonds  shall  be  issued 
from  time  to  time,  in  such  denominations,  bear  such  interest 
not  exceeding  the  legal  rate  and  mature  at  such  times,  not 
exceeding  six  years  from  their  date,  as  the  Common  Coun- 
cil shall  determine.  They  shall  be  sold  for  not  less  than 
their  par  value,  or  temporary  loans  may  be  obtained  upon 
the  same,  and  the  proceeds  thereof  shall  be  used  exclusively 
for  payment  of  such  purchase  money.  All  moneys  received 
from  the  redemption  of  lands  or  the  assignment  or  sale  of 
certificates  of  sale^  or  leases  of  lands  purchased  for  the  city, 
and  any  other  revenue  derived  by  the  city  from  such  lands 
shall  be  held  and  applied  exclusively  for  the  payment  of  the 
expenses  of  tax  sales  and  redemption  notices  and  such  re- 
demption bonds.  If  the  money  so  received  shall  not  be  suf- 
ficient to  pay  such  redemption  bonds,  as  they  become  due, 
the  Common  Council  may  issue  additional  bonds  equal  to 
the  amount  of  deficiency  existing  between  the  money  so 
received  and  the  amount  of  such  bonds  so  maturing.  (As 
amended  by  Chapter  374,  laws  1905). 

Section  156.  No  mortgagee  whose  mortgage  shall 
have  been  recorded  before  the  sale  of  any  property  for  any 
tax,  shall  be  divested  of  his  rights  in  any  land  sold  for 
taxes,  unless  the  purchaser  or  those  claiming  under  him 
shall  give  to  him  six  months  notice  in  writing  of  such  sale. 
Such  notice  must  be  served  personally,  if  the  mortgagee 
be  a  resident  of  the  county  of  Westchester  or  of  a  county 
adjoining,  and  if  not  such  a  resident,  such  notice  must  be 
served  upon  the  owner  of  the  land  personally,  if  he  be  a 
resident  of  Westchester  county  or  a  coufrty  adjoining,  and 
by  depositing  such  notice  in  a  post  offi^^e  in  tli^  city,  postage 
paid,  directed  to  the  mortgagee  at  his  last  known  place  of 


69 

residence  or  the  place  of  residence  as  stated  in  the  mort- 
gage or  assignment  thereof.  Within  one  month  after  the 
serving  of  such  notice,  the  person  serving  or  causing  the 
same  to  be  served,  must  file  in  the  office  of  the  city  clerk  a 
copy  of  the  notice  served,  w^ith  the  affidavit  of  some  person 
who  shall  be  certified  by  the  officer^before  whom  the  affida- 
vit shall  be  taken  to  be  a  creditable  person,  proving  the  due 
service  of  the  notice.  The  mortgagee  may  redeem  such 
land  at  any  time  within  six  months  after  the  service  of  such 
notice.  (As  amended  by  the  laws  of  1896,  Chapter  692). 
Section  157.  If  any  sale  of  land  for  nonpayment  of 
taxes  shall  be  adjudged  invalid  by  any  court  of  competent 
jurisdiction,  the  amount  of  the  purchase  money,  with  six 
per  centum  interest  thereon  per  annum  from  the  date  of 
payment  of  the  purchase  money,  shall  be  paid  by  the  Com- 
mon Council  to  the  purchaser  or  his  assigns,  and  the  amount 
levied  upon  the  taxable  property  of  the  city  in  the  ensuing 
year.  In  case  of  neglect  by  any  person  or  corporation  to 
pay  a  tax  imposed  for  personal  property,  the  Common 
Council  may  apply  to  the  city  court  of  Mount  Vernon,  to 
the  county  court  of  Westchester  county,  or  to  the  supreme 
court  by  petition  and  notice  of  ten  days,  to  enforce  the  pay- 
ment of  such  tax.  A  copy  of  the  petition  and  a  notice  shall 
be  served  personally  upon  the  person  or  an  officer  of  the 
corporation  against  whom  such  application  may  be  made, 
and  the  court  shall  proceed  to  hear  and  determine  the  same 
in  a  summary  manner,  and  without  unnecessary  delay;  and 
if  it  shall  appear  that  such  application  ought  to  be  granted, 
judgment  shall  be  rendered  in  favor  of  the  city  for  the 
amount  of  such  tax,  with  interest  at  the  rate  of  eight  per 
centum  per  annum  from  the  date  of  the  levy  of  the  tax, 
with  the  costs  and  expenses  of  the  proceedings,  not  exceed- 
ing fifty  dollars,  to  be  fixed  by  the  court ;  and  transcripts 
thereof  may  be  filed  and  executions  thereon  issued,  and 
supplementary  proceedings  thereon  had  in  the  same  man- 
ner as  in  other  judgments. 


70 

TITLE  VI. 
Of  the  Common  Council. 

Section  158.  The  aldermen  shall  constitute  the  Com- 
mon council  of  the  city.  It  must  meet  on  the  day  next  after 
each  annual  city  election.  It  must  hold  its  annual  meeting 
on  the  Tuesday  next  'after  the  annual  city  election;  and 
stated  meeting  at  least  twice  in  each  month.  Special  meet- 
ings may  be  call  by  the  mayor  or  any  three  aldermen,  by 
appointment  in  writing  to  be  filed  with  the  city  clerk,  and 
notice  thereof  shall  be  served  as  the  Common  Council  shall 
by  ordinance  prescribe.  The  mayor  when  present,  shall  pre- 
side at  all  such  meetings.  At  its  anual  meeting,  or  as  soon 
thereafter  as  practicable,  the  Common  Council  shall  elect 
by  ballot  one  of  the  aldermen  as  president  of  the  Common- 
Council,  who  shall  preside  at  its  meetings  when  the  mayor 
is  absent,  and  shall  possess  the  powers,  perform  the  duties 
of,  and  act  as  mayor  during  vacancy  in  the  ofBce  of  mayor 
or  while  the  mayor  is  absent  from  the  city,  or  is  unable  to 
act.  A  vacancy  in  the  ofBce  of  president  of  the  Common 
Council  shall  be  filled  by  the  Common  Council  by  ballot. 
In  the  Common  Council  the  president  shall  vote  as  an  ald- 
erman only.   (As  amended  by  the  laws  of  1901,  Chapter  329). 

Section  159.  In  the  proceedings  of  the  Common 
Council  each  member  present  shall  have  a  vote,  except  the 
mayor  w^hen  presiding,  who  shall  have  only  a  casting  vote, 
;when  the  votes  of  the  other  members  are  tied. 
!  Section  160.  The  sittings  of  the  Common  Council  shall 
be  public,  except  when  the  public  interest  shall  require 
secrecy.  The  minutes  of  the  proceedings  shall  be  kept  by 
the  city  clerk,  and  the  same  shall  be  open  at  all  times  to  pub- 
lic inspection. 

Section  i6i.  A  majority  of  the  Common  Council  shall 
be  a  quorum  for  the  transaction  of  business,  and  in  the  ab- 
sence of  a  quoruni  at  the  time  appointed  for  any  meeting 
the  mayor  and  three  aldermen  present,  or  fovir  aldermen, 
shall  have  power  to  compel  the  attendance  of,  send  for 
absent  members,  in  order  to  make  up  a  quorum.     No  tax 


or  assessment  shall  be  ordered,  or  any  appointment  to  office 
made  except  by  a  concurring  vote  of  a  majority  of  all  the 
members  of  the  Common  Council  in  office,  including  the 
mayor,  who  shall  be  entitled  to  vote  thereon  as  a  member 
of  the  Common  Council.  The  vote  thereon  in  each  case  is 
to  be  ascertained  by  taking  and  recording  the  ayes  and 
nays  and  no  tax  levy,  assessment,  bill,  order,  resolution  or 
ordinance  shall  take  effect  until  same  shall  have  received 
the  approval  of  the  mayor,  or  shall  take  effect  without  such 
approval,  as  hereinbefore  provided.  (As  amended  by  the 
laws  of  1896,  Chapter  692). 

Section  162.  The  Common  Council  shall  determine 
the  rules  of  its  own  proceedings,  and  be  judge  of  the  elec- 
tion and  qualifications  of  its  own  members,  and  have  power 
to  compel  the  attendance  of  absent  members  from  time  to 
time. 

Section  163.  The  Common  Council  shall  have  power 
to  prescribe  the  duties  of  all  the  officers  and  persons  ap- 
pointed by  them  to  any  place  whatever,  subject  to  the  pro- 
visions of  this  act. 

Section  164.  All  accounts  and  claims  against  the  said 
city,  and  all  accounts  and  claims  for  services  rendered  or 
moneys  expended  by  any  officers  within  said  city,  which 
would  be  charges  and  accounts  against  a  town,  if  they  were 
rendered  or  expended  by  the  officers  thereof,  shall  be  pre- 
sented to  the  Common  Council,  and  the  same  shall  be  re- 
ferred to  a  standing  committee  of  said  board,  to  be  com- 
posed of  one  member  from  each  ward,  to  be  called,  "com- 
mittee on  auditing  accounts."  It  shall  be  the  duty  of  said 
committee  to  inquire  or  examine  into  said  accounts  and 
they  may  send  for  persons  and  papers,  and  may  examine 
the  claimant  on  oath  in  relation  thereto.  The  said  com- 
mittee shall  report  the  matters  referred  to  them  to  the 
Common  Council,  either  favorably  or  adversely,  with  their 
reasons,  and  the  said  Common  Council  shall  then  hear,  ex- 
amine and  determine  the  same  and  for  that  purpose  shall 
possess  the  powers  of  town  auditors.  All  claims  against 
the  city  for  injuries  to  the  person  or  property  claimed  to 


have  been  caused  or  sustained  by  defects,  want  of  repair 
or  obstructions  from  snow  or  ice  or  other  causes  in  the 
highways,  streets,  sidewalks  or  crosswalks  of  the  city,  shall 
be  presented  to  the  Common  Council  in  writing  within 
three  months  after  the  said  injury  is  received.  Such  writing 
shall  describe  the  time,  place^  cause  and  extent  of  the  injury 
so  far  as  then  practicable,  verified  by  the  oath  of  the  claim- 
ant, if  practicable  or  otherwise  if  not,  the  ommissionto 
present  said  claim  as  aforesaid  within  three  months  shall 
be  a  bar  to  any  claim  or  action  therefor  against  the  city, 
and  no  action  shall  be  commenced  against  said  city  on  such 
claim  until  after  two  months  from  the  presentation  of  said 
claim. 

Section  165.  Upon  the  completion  of  the  assessrnent 
roll  in  each  year,  the  Common  Council  shall  designate  one 
or  more  good  and  solvent  banks,  trust  company  or  trust 
companies  as  the  depository  of  all  moneys  received  by  the 
treasurer  of  said  city,  and  may  agree  with  such  bank,  banks, 
trust  company  or  trust  companies  upon  a  rate  of  interest 
per  annum  to  be  paid  on  money  so  deposited.  Each  bank, 
trust  company  or  trust  companies  so  designated  shall  for 
the  benefit  and  security  of  the  city,  and  before  receiving  any 
such  deposits,  execute  to  the  common  council  of  said  city  a 
good  and  sufificient  bond,  with  two  or  more  sureties  to  be 
approved  by  the  Common  Council  of  said  city.  Such  bond 
shall  be  conditioned  for  the  safe  keeping  and  payment  on 
the  order  or  warrant  of  said  treasurer  or  upon  other  lawful 
authority,  all  such  deposits  and  the  agreed  interest  there- 
on, and  it  shall  be  the  duty  of  the  clerk  of  the  Common 
Council  to  file  such  bond  in  the  office  of  the  clerk  of  West- 
chester county.  It  shall  be  the  duty  of  the  treasurer  to  de- 
posit all  funds  belonging  to  the  city  that  may  come  into  his 
hands  in  the  bank  or  banks,  trust  company  or  companies 
so  designated  and  his  failure  so  to  do  shall  be  a  misde- 
meanor. The  designation  of  any  such  bank,  banks,  or  trust 
company  and  the  depositing  of  moneys  therewith  by  such 
treasurer  shall  not  release  him  or  his  sureties  from  any  lia- 
bility in  relation  to  such  moneys  or  in  any  manner  affect 


'73 

such  liability  except  for  loss  through  failure  or  fault  of  such 
designated  bank,  banks  or  trust  company.  (As  amended  by 
the  laws  of  1896,  Chapter  692). 

Section  166.  The  Common  Council,  except  as  other- 
wise provided  by  law,  shall  have  the  control  and  manage- 
ment of  the  property,  both  real  and  personal,  belonging  to 
the  corporation  and  all  the  finances  thereof;  and  no  debt 
or  liability  which  may  become  a  charge  against  said  city  or 
corporation  shall  be  created  or  contracted,  except  by  the 
authority  of  said  Common  Council ;  and  in  addition  to  such 
other  powers  as  may  be  herein  conferred  upon  it,  the  said 
Common  Council  shall  have  full  power: 

1.  To  provide  for  the  care,  custody  and  preservation 
of  the  public  property,  books,  records,  and  papers  belong- 
ing to  said  city  or  corporation;  to  prevent  or  punish  any 
injury  to  or  trespass  upon  the  same;  to  make  any  and  all 
necessary  repairs  and  improvements  to  the  same,  and  to 
cause  any  part  thereof  to  be  insured  when  they  shall  deem 
it  necessary. 

2.  To  protect  the  inhabitants  in  their  persons  and 
property,  suppress  disorderly  assemblages,  preserve  peace 
and  good  order,  and  protect  the  welfare  and  good  govern- 
ment of  the  corporation. 

3.  To  prescribe  and  define  the  powers  and  duties  of 
the  officers  of  said  city,  and  in  case  an  officer  shall  have 
duties  specified  by  this  act,  to  prescribe  such  additional 
duties  as  they  may  deem  the  interests  of  the  city  to  require 
and  as  shall  not  be  inconsistent  with  this  act. 

4.  To  restrain  and  punish  vagrants,  mendicants,  street 
beggars  and  persons  soliciting  alms,  keepers  of  houses  of 
ill-fame,  common  prostitutes,  lewd  and  disorderly  persons, 
and  to  prevent  and  punish  drunkenness  and  disorderly  or 
immoral  conduct  in  public  places  and  streets. 

5.  To  prohibit  the  gathering  or  assembling  of  persons 
upon  the  public  streets  of  said  city  or  congregating  upon 
the  corners  of  the  streets  thereof,  and  to  authorize  the- po- 
lice officers  of  said  city  to  disperse  all  such  gatherings  or 
assemblages  of  persons,  and  upon  the  refusal  of  persons  so 


74 

congregated  or  assembled  to  disperse  when  commanded  so 
to  do  by  a  duly  appointed  police  officer,  under  regulations 
to  be  prescribed  by  the  board  of  police  commissioners,  such 
police  officers  may  make  summary  arrests  of  any  person  or 
persons  so  refusing  and  take  him  or  them  forthwith  before 
the  city  judge  of  said  city,  to  be  by  him  tried  as  disorderly 
persons  and  punished  as  such,  and  all  such  persons  are 
hereby  declared  to  be  disorderly  persons.  (As  amended  by 
the  laws  of  1896,  Chapter  692). 

6.  To  fix  and  determine  the  compensation  of  the  offi- 
cers of  the  city  where  the  same  is  not  otherwise  provided 
for  by  law  or  this  act,  and  to  see  that  they  perform  faith- 
fully and  correctly  their  several  duties,  and  that  proper 
measures  are  taken  to  punish  neglect  of  duty  in  any  of  them. 

7.  To  audit  such  accounts  and  claims  against  the  cor- 
poration as  are  made  out  in  items  and  verified,  and  order 
the  payment  of  such  as  shall  be  allowed,  and  to  make  such 
other  rules  and  regulations  in  regard  to  the  same  as  they 
may  deem  necessary  and  proper. 

8.  To  call  special  meetings  of  the  inhabitants  of  said 
city  whenever  in  their  judgment  the  same  shall  be  required 
by  the  public  interest,  and  to  carry  into  effect,  any  lawful 
resolution  adopted  at  said  meetings,  or  at  the  annual  elec- 
tion. 

9.  To  examine  the  accounts  of  the  treasurer,  from 
time  to  time,  and  prescribe  the  manner  of  paying  out  and 
accounting  for  moneys  received  by  him  for  the  city. 

10.  To  exercise  exclusively  within  the  city  the 
powers  vested  in  the  justices  of  the  peace  by  the  second 
section  of- the  first  article  of  the  eighth  title  of  the  twentieth 
chapter  of  the  first  part  of  the  Revised  Statutes. 

11.  To' establish  and  regulate  a  public  pound,  and  to 
restrain  cattle,  horses,  sheep,  swine,  dogs,  geese  and  other 
animals  and  fowls  from  running  at  large  in  said  city,  and  to 
authorize  the  distraining,  impounding  and  sale  of  the  same 
(except  dogs)  for  the  penalty  incurred  and  the  cost  of  keep- 
ing and  proceedings;  and  to  make  regulations  for  taxing 
and  confining  dogs,  and  for  destroying  such  as  may  be  found 


running  at  large,  contrary  to  any  ordinance  and  to  regulate 
their  running  at  large. 

12.  To  prevent  runners,  stage  drivers  and  others  from 
soliciting  passengers  and  others  to  travel  or  ride  in  any 
stage  or  omnibus  or  upon  any  railroad,  or  to  go  to  any  hotel 
or  otherwise,  except  under  such  regulations  as  the  Common 
Council  may  prescribe. 

13.  To  license,  regulate  and  control  all  porters,  cart- 
men,  hack  or  cabmen,  stages  or  omnibuses  for  the  trans- 
portation of  passengers  within  the  city,  to  fix  their  rates  of 
compensation,  and  to  require  them  to  have  licenses  and  to 
prescribe  the  amount  to  be  paid  therefor. 

14.  To  purchase,  hold,  sell^  convey  and  agree  to  pur- 
chase and  convey  real  estate,  whenever  necessary  or  ex- 
pedient for  the  accomplishment  or  execution  of  any  of  the 
purposes  or  powers  or  duties  mentioned  in  this  act. 

15.  To  prohibit  all  kinds  of  gambling  and  to  regulate 
billiard-rooms  and  nine  pin  or  ball  alleys. 

16.  To  repress  and  restrain  disorderly  houses  and 
houses  of  ill-fame. 

17.  To  regulate  and  prevent  bathing  in  the  Bronx 
River,  and  all  the  creeks  and  others  waters  within  the  city. 

18.  To  prevent  immoderate  driving  and  racing  in  said 
city. 

19.  To  prohibit  and  regulate  the  burial  of  the  dead, 
and  public  burial  grounds  within  the  city. 

20.  To  regulate  by  license  or  prohibit  the  exhibitions 
of  any  circus^  caravan,  theatre,  curiosities,  tricks  'of  leger- 
demain, or  other  shows  or  entertainments. 

21.  To  regulate  by  license  or  prohibit  auction  sales 
in  said  city,  and  hawking  and  peddling  in  the  streets  of  said 
city. 

22.  To  make,  or  cause  to  be  made,  maps  of  the  city 
and  of  the  wards  thereof,  and  to  survey  and  designate  the 
boundaries  of  said  city,  and  of  the  streets,  highways  and 
public  grounds  thereof,  and  to  designate  and  alter  the  names 
of  said  streets,  and  the  numbers,  of  all  lots  and  buildings. 


76 

23-  To  prevent  any  encroachment^  incumbrance  or 
obstruction  in  or  upon  any  street,  sidewalk,  highway  or  pub- 
lic grounds-  of  said  city,  to  make  general  rules  and  ordi- 
nances in  regard  to  the  deposit  o'f  building  materials  upon 
the  streets  and  sidewalks  in  front  of  any  lot,  to  such  an  ex- 
tent and  for  such  time  as  they  may  prescribe;  and  in  case 
of  the  neglect  or  refusal  of  any  person,  who  shall  have  caus- 
ed any  such  encroachment,  incumbrance  or  obstruction  con- 
trary to  such  rules  or  ordinances,  or  of  the  owner  or  occu- 
pant of  any  premises  upon  which  shall  be  any  building, 
fence  or  other  structure  or  thing  encroaching  upon,  incum- 
bering or  obstructing  any  street,  sidewalk,  highway  or  pub- 
lic grounds  in  said  city,  to  remove  the  same  after  being 
notified  so  to  do,  the  Common  Council  shall  have  power  to 
cause  such  removal  at  the  cost  and  expense  of  such  person, 
or  of  such  owner  or  occupant,  and  to  collect  such  cost  and 
expense  as  hereinafter  provided. 

24.  To  cause  the  sidewalks  on  the  streets  and  high- 
ways of  said  city  to  be  raised,  leveled,  curbed,  graded^  flag- 
ged, graveled,  paved,  planked,  and  repaired  and  at  the  ex- 
pense of  the  owners  or  occupants  of  the  adjacent  lands  and 
premises,  and  if  any  of  the  matters  or  things  above  men- 
tioned be  not  done  by  such  owners  or  occupants  within  the 
time  and  in  the  manner,  and  of  or  with  the  material  by  said 
Common  Council  required  and,  prescribed,  the  said  Com- 
mon Council  may  do  or  cause  the  same  to  be  done,  and  may 
assess  the  expense  thereof  upon  the  owners  or  occupants, 
and  cause  the  same  to  be  levied  and  collected  in  the  man- 
ner hereinafter  in  this  act  provided. 

25.  To  compel  the  owner  or  occupant  of  any  prem- 
ises in  said  city  to  clear  any  dirt,  snow  or  ice,  or  other  sub- 
stance or  material  off  the  sidewalk  and  out  of  the  gutter  in 
front  of  such  premises,  and  in  case  of  the  neglect  or  refusal 
of  the  owner  or  occupant,  so  to  do  to  cause  the  same  to  be 
done  at  the  expense  of  such  owner,  or  occupant  and  to  col- 
lect such  expense  as  hereinafter  provided. 

26.  To  require  any  turnpike,  plank,  street  railway, 
railroad  or  other  road  corporation  or  company,  to  keep  the 


street  or  highway  through  which  its  road  may  pass  in  said 
city,  and  the  gutters  and  drains  thereof  in  good  condition 
^nd  repair ;  to  lay  or  relay  such  road  according  to  the  estab- 
ished  grade  of  such  street  or  highway,  or  such  parts  of  the 
same  as  the  Common  Council  may  prescribe  and  direct  and 
to  remove  all  incumbrances  or  obstructions  which  such  cor- 
poration or  company  have  placed  or  caused  to  be  placed 
upon  such  street  or  highway  without  unnecessary  delay, 
and  in  case  such  corporation  or  company  shall  refuse  or 
neglect  to  do  any  of  the  acts  so  required,  the  said  Common 
Council  shall  have  power  to  cause  the  same  to  be  done  at 
the  cost  and  expense  of  such  corporation  or  company,  and 
such  cost  and  expense  to  be  fixed  and  determined  by  the 
said  Common  Council,  may  be  collected  as  hereinafter  pro- 
vided. Nothing  in  this  subdivision  or  in  this  charter  shall 
be  construed  so  as  to  compel  any  street  railway  company 
to  repair  or  keep  in  condition  the  streets  through  which  its 
road  may  pass  except  that  part  or  portion  of  the  road  cov- 
ered by  its  track,  and  two  feet  beyond  its  rails  on  each  side. 
If  it  becomes  necessary  to  remove  snow  or  ice  from  any 
street,  said  street  railway  company  to  remove  only  the  por- 
tion thrown  out  by  them. 

27.  To  regulate  and  superintend  the  laying  of  all  gas 
pipes,  w^ater-pipes  and  conduits  in  said  city,  and  to  require 
any  corporation  or  company,  after  laying  or  repairing  such 
pipes  in  any  street  or  highway  in  said  city,  to  put  such  street 
or  highway  in  good  condition  or  repair,  and  to  remove  all 
incumbrances  or  obstructions  which  such  corporation  or 
company  may  have  placed  or  caused  to  be  placed  in  any  such 
street  or  highway,  without  unnecessary  delay,  and  to  re- 
quire such  corporation  or  company  to  keep  proper  signal 
lights  burning  at  night  at  all  holes  or  ditches  or  places 
which  may  have  been  rendered  dangerous  to  persons  trav- 
eling such  streets  or  highways ;  and  in  case  such  corporation 
or  company  shall  neglect  or  refuse  to  do  any  of  the  acts  so 
required  of  it,  the  said  Common  Council  shall  have  power 
to  cause  the  same  to  be  done  at  the  cost  and  expense  of 


such  corporation  or  company,  and  to  collect  such  cost  and 
expense  by  suit  at  law  as  hereinafter  provided. 

28.  To  prevent  or  regulate  the  construction  and  erec- 
tion of  any  building,  board,  awning  or  other  structure  which 
shall  project  into  or  over  any  street  or  sidewalk  in  said  city, 
and  the  hanging  or  suspending  of  any  goods^  signs,  sign- 
boards, or  any  other  thing  whatever  in  or  over  such  street 
or  sidewalk,  and  to  remove  the  same  at  the  expense  of  the 
person,  owner  or  occupant  causing  the  same,  and  to  collect 
such  expenses  as  hereinafter  provided. 

29.  To  erect  lamps,  lamp-posts  and  fixtures  for  gas, 
electric  or  other  lights  and  cause  such  of  the  streets  of  said 
city  as  they  may  deem  proper  to  be  lighted  at  such  times 
as,  in  their  opinion,  the  wants  and  interests  of  the  city  re- 
quire, and  in  their  discretion  to  charge  the  expense  of  erect- 
ing such  lamps,  lamp-posts  and  fixtures  and  of  lighting  the 
streets,  as  street  expenses. 

30.  To  prohibit,  license  or  regulate  the  keeping,  stor- 
ing, use  or  sale  of  .gunpowder,  kerosene  or  other  combus- 
tible or  explosive  substance  or  .compound,  and  the  convey- 
ance or  transportation  of  the  same  in  or  through  any  part 
of  the  city;  also  to  regulate  or  prohibit  the  use  of  firearms 
in  said  city. 

31.  To  correct  the  assessment-roll  in  respect  to  taxes 
imposed  by  virtue  of  this  act  in  the  same  manner  as  a  Board 
of  Supervisors  may  by  law  correct  the  town-rolls  of  their 
county,  and  for  this  purpose  said  Common  Council  shall  be 
vested  with  pojver  to  make  such  correction,  and  shall  pos- 
sess all  the  powers  in  relation  to  such  assessment-roll  that 
Boards  of  Supervisors  have  by  statute  in  case  of  town  as- 
sessment-rolls and  town  and  county  taxes. 

32.  Except  as  by  this  act  otherwise  provided  to  des- 
ignate such  parts  and  portions  of  said  city  as  they  may  deem 
proper,  within  which  no  wooden  building  in  whole  or  in'part 
shall  be  erected  or  the  roof  of  any  building  covered  with 
wood  or  with  any  combustible  material,  and  prescribe  the 
penalties  for  the  violation  thereof;  and  to  prevent  or  regu- 
late the  construction  of  any  buildings,  chimney,  fire-place, 


79 

heater,  stove,  stove-pipe,  oven,  repository  of  ashes  or  char- 
coal, boiler,  furnace  or  other  apparatus  or  thing  whatever, 
which  may  be  considered  dangerous  with  regard  to  fire, 
and  to  cause  the  owner  or  occupant  of  any  premises  upon 
which  shall  be  found  anything  dangerous  with  regard  to  fire, 
to  move  the  same,  or  pitt  the  same  in  a  safe  condition ;  and 
in  case  the  owner  or  occupant  shall  neglect  or  refuse  to  do 
so,  the  Common  Council  shall  have  power  to  cause  the  same 
to  be  done  at  the  expense  of  the  owner  or  occupant,  and  to 
collect  such  costs  as  hereinafter  provided,  and  for  the  pur- 
poses aforesaid^  or  any  or  either  thereof,  the  said  Common 
Council  shall  have  power  to  enter  into  or  upon,  or  author- 
ize the  entry  into  or  upon  any  building  or  premises  in  said 
city. 

33.  To  regulate  the  use  of  Hghts  in  stables  or  build- 
ings in  which  combustible  materials  may  be  collected  or 

-deposited,  and  prescribe  the  use  of  lanterns  or  safety  lamps 
in  such  stables  or  buildings. 

34.  To  appoint  or  employ  special  legal  counsel  for  the 
transaction  of  any  business  of  the  city  in  such  instances  as 
they  may  determine. 

35.  To  prevent  and  abate  nuisances  and  determine 
what  are  such,  either  upon  view  or  upon  testimony  of  wit- 
nesses (who  may  be  examined  under  oath  before  them),  and 
for  these  purposes,  or  any  or  either  of  them,  to  enter  into 
or  upon  any  building  or  premises  in  said  city;  and  in  case 
the  owner  or  occupant  of  any  building  or  premises  in  or 
upon  which  such  nuisance  may  be  found  shall  neglect  or 
refuse  to  remove  or  abate  the  same  after  being  notified  to 
do  so,  the  said  Common  Council  shall  have  power  to  cause 
the  same  to  be  removed  or  abated  at  the  expense  of  the 
owner  or  occupant  and  to  collect  such  expense  as  herein- 
after provided. 

■  36.  To  compel  the  owner  or  occupant  of  any  grocery, 
market,  tallow  chandler,  soap  factory,  shop,  privy,  pig-sty, 
stable,  drain,  sewer  or  any  other  unwholesome,  offensive 
or  nauseous  house  or  place^  to  cleanse,  purify,  remove  or 
abate  the  same  from  time  to  time  as  often  as,  in  the  opinion 


80 

of  the  Common  Council,  it  may  be  necessary  for  the  cgm- 
fort,  health  and  convenience  of  the  inhabitants  of  the  city. 

37.  To  prohibit  or  regulate  slaughterhouses  or  the 
slaughtering  of  animals,  and  to  regulate  the  time,  place  and 
manner  of  the  sale  of  meats^  fish  and  vegetables  within  said 
city.  « 

38.  To  prohibit  any  person  from  bringing  or  deposit- 
ing any  unwholesome,-  putrid  or  decayed  carcass,  skins, 
hides,  fish,  meat,  or  other  substance  or  thing  within  said 
city,  and  to  require  or  authorize  the  removal  or  destruction 
thereof. 

39.  To  prescribe  regulations  as  to  the  location  and 
construction  of  private  sewers,  drains  or  water  or  gas  pipes 
in  said  city,  and  for  the  prevention  of  any  injury  or  obstruc- 
tion of  any  street  or  sidewalk  thereby. 

40.  To  prosecute  in  the  corporate  name  of  the  city 
upon  any  contract  or  liability  in  which  said  city  or  corpora- 
tion may  be  interested,  and  for  all  fines  and  penalties,  cost 
and  expense  imposed  by  this  act^  or  by  any  ordinance  or 
by-law  of  the  city,  and  enforce  the  collection  thereof. 

41.  To  purchase  necessary  hose  and  other  apparatus 
for  the  use  of  the  fire  department,  to  pass  all  necessary  ord- 
inances for  the  government  of  the  fire  department,  and -to 
carry  into  effect  any  lawful  resolution  which  may  be  adopted 
by  the  inhabitants  at  any  annual  election  or  special  meeting 
thereof. 

42.  To  organize  and  establish  a  fire  department,  and 
to  make  such  fire  laws,  rules,  regulations  and  ordinances  of 
said  department,  and  the  rights  and  duties  thereof,  and  of 
citizens  during  fires  in  said  city,  as  they  may  deem  best, 
and  to  enforce  the  same  by  suitable  fines  and  penalties,  ex- 
cept by  this  act  otherwise  provided. 

43.  To  prohibit  and  punish  every  game,  practise, 
amusement  or  act  in  the  public  streets  or  elsewhere  having 
a  tendency  to  frighten  teams  or  horses,  or  to  injure  or  an- 
noy persons  residing  in  said  city,  or  passing  in  or  along  the 
highways  or  streets  of  the  city,  or  to  injure  or  endanger 
property. 


81 

44-  To  direct  the  return  and  keeping  of  bills  of  mor- 
tality. 

45.  To  regulate  the  speed  of  locomotives,  tenders 
and  railroad  and  other  cars^  and  to  prevent  the  unneces- 
sary obstruction  of  streets  by  the  same,  in  said  city. 

46.  To  direct  the  regulating  and  planting  of  shade  or 
ornamental  trees  along  the  streets  and  sidewalks  in  said 
city,  and  to  prevent  the  injury'and  defacement  of  such  trees, 
and  of  fences,  walls,  posts  and  buildings  in.  said  city. 

47.  To  control,  regulate  and  restrain  the  setting  of 
poles  and  stringing  of  wires  by  telegraph,  telephone,  or 
electric  light  or  other  companies  in  the  streets  of  said  city. 

48.  To  compel  the  owner  or  occupant  of  any  wall  or 
building  in  the  city  which  may  be  in  a  ruinous  or  unsafe 
condition,  to  render  the  same  safe  or  to  take  down  and  re- 
move the  same,  and  to  prohibit  such  erections ;  and  in  case 
of  the  neglect  or  refusal  of  such  owner  or  occupant  to  ren- 
der such  wall  or  building  safe,  or  to  take  down  or  remove 
the  same  after  being  notified  so  to  do,  the  Common  Coun- 
cil shall  have  power  to  cause  the  same  to  be  taken  down  or 
removed  at  the  expense  of  such  owner  or  occupant,  ^and  to 
collect  such  cost  and  expenses  as  in  this  case  provided. 

49.  To  make  the  cost  and  expense  in  subdivisions 
twenty-three,  twenty-eight,  thirty-two,  thirty-five  and  forty- 
eight  of  this  section  a  lien  upon  the  premises  or  lots  therein 
mentioned  or  implied,  and  to  issue  warrants  against  the 
owners  or  occupants  thereof,  respectively  to  collect  such 
costs  and  expenses  as  assessments  and  taxes  are  collected. 
(As  amended  by  the  laws  of  1896,  Chapter  692). 

50.  To  provide  a  council  room  or  rooms  for  the  Com- 
mon Council,  a  court  room  for  the  city  judge,  a  room  for 
police  headquarters,  and  offices  for  the  receiver  of  taxes  and 
assessments,  clerk  and  treasurer,  and  necessary  fuel,  light, 
stationery  and  supplies  for  their  offices. 

51.  To  require  any  officer  of  the  city  to  furnish  re- 
ports, information  or  estimates  whenever  deemed  proper 
by  the  Common  Council. 


82 

52.  To  prevent  or  regulate  the  ringing  of  bells,  and 
blowing  of  whistles,  the  blowing  of  horns  or  crying  of  wares, 
and  making  of  unnecessary  noise  which  may  tend  to  disturb 
the  peace  of  the  city. 

53.  To  prevent  or  regulate  the  sale  or  exposure  of 
fire  crackers,  rockets,  squibs  or  other  explosive  compounds. 

54.  To  prevent  and  punish  the  discharge  of  firearms, 
rockets,  fire-works  and  gunpowder  in  or  near  the  streets  of 
the  city,  or  in  the  vicinity  of  any  building. 

55.  To  ascertain,  establish  and  determine  the  boun- 
daries of  the  city,  and  of  all  the  streets,  alleys  and  highways 
therein. 

56.  To  compel  the  owners  or  occupants  of  buildings 
to  have  scuttles  in  the  roofs  thereof  and  stairs  or  ladders 
leading  to  them. 

57.  To  sue  in  the  name  and  for  the  benefit  of  the  city 
for  all  penalties  imposed  by  the  excise  laws,  and  to  impose, 
fix  and  receive  for  the  benefit  of  the  city,  penalties  for  vio- 
lations of  the  excise  laws,  or  any  of  the  provisions  thereof, 
or  any  other  law  of  this  state. 

58.  To  divide  the  wards  into  new  election  districts 
when  neceseary,  and  appoint  three  inspectors  of  election 
and  two  poll  clerks  for  each  election  district  for  the  first 
election  held  therein  under  this  act. 

59.  To  designate  two  newspapers  of  said  city  from 
time  to  time  for  the  publication  of  ordinances,  regulations 
and  official  notices  of  the  Common  Council  and  city  gov- 
ernment and  officers ;  which  said  newspapers  shall  be  select- 
ed from  the  newspapers  of  said  city  which  are  allied  to  or 
support  different  political  .parties.  In  making  such  selec- 
tion the  members  of  the  Common  Council  representative 
of  one  political  party  shall  be  entitled  to  vote  for  only  the 
newspaper  to  represent  the  political  party  with  which  such 
memlDcrs  are  affiliated;  and  such  vote  shall  be  taken  by  call- 
ing the  ayes  and  nays;  and  the  two  newspapers  receiving 
the  largest  number  of  votes  in  the  manner  aforesaid  shall  be 
selected  and  designated  as  such  official  newspapers  of  the 
city,  for  at  least  one  year  from  the  time  of  said  designation, 


83 

provided  that  they  are  opposite  in  poHtics  as  aforesaid,  and 
if  they  are  not  opposite,  the  designation  shall  be  a  nullity. 
No  newspaper  shall  be  designated  as  an  official  newspaper 
of  said  city  unless  at  the  time  of  its  designation  in  pursuance 
of  this  section  it  shall  be  printed  in  the  city  of  Mount  Ver- 
non and  unless  it  shall  have  been  published  regularly  as  a 
newspaper  for  and  within  said  city  for  at  least  two  years 
prior  to  its  said  designation;'  in  the  event  that  any  news- 
paper so  designated  shall  cease,  during  the  period  of  which 
it  is  designated  to  be  printed'  in  said  city,  its  designation 
shall  immediately  cease  and  expire,  and  the  remaining  offi- 
cial newspaper  shall  be  in  that  event  the  sole  official  news- 
paper during  the  remainder  of  the  term  of  its  designation. 
In  the  event  that  the  owner,  proprietor  or  publisher  of  any 
paper  so  designated  shall  neglect  or  refuse  to  file  with  the 
city  clerk  within  ten  days  after  such  designation  a  written 
acceptance  thereof,  then  and  in  that  event,  the  newspaper 
filing  such  acceptance  shall  be  the  sole  official  newspaper 
of  said  city  for  one  year  from  the  date  of  such  acceptance. 
If  both  newspapers  designated  as  aforesaid,  shall  fail  so  to 
file  such  acceptance,  the  Common  Council  shall  receive  pro- 
posals for  the  said  printing  and  award  the  same  to  any  news- 
papers so  bidding  thereon,  as  in  its  judgment  it  may  deem 
advisable;  in  this  event  any  newspaper  shall  be  ehgible  to 
bid  without  regard  to  the  length  of  time  it  has  been  pub- 
lished, provided  it  shall  be  published  in  said  city.  Such  of- 
ficial newspapers  so  designated  shall  be  entitled  for  publish- 
ing any  advertisement,  notice  or  matter  of  any  kind  required 
by  law  to  be  published  therein  to  the  sum  of  fifty  cents 
only  for  each  folio  for  the  first  insertion  and  twenty-five 
cents  only  for  each  folio  for  each  subsequent  insertion  there- 
of. 

Section  2.  The  official  newspapers  of  said  city  at  the 
time  of  the  passage  of  this  act;  shall  be  the  official  news- 
papers, until  their  successors  are  duly  designated  according 
to  the  terms  of  this  act. 

Section  3.     This  act  shall  take  eflfect  January  first,  nine- 


84 

teen  hundred  and  eight.     (As  amended  by  Chapter  672, 
Laws  of  1907). 

60.  To  make  such  general  ordinances,  by-laws  and  reg- 
ulations not  repugnant  to  the  general  laws  of  this  state,  as 
they  shall  deem  expedient  for  the  good  government  of  the 
cii\. 

61.  To  appoint  police  constables  or  special  poHce  of- 
ficers, who  shall  possess  the  same  powers,  rights  and  privi- 
leges, and  be  subject  to  the  same  duties  and  liabilities  as 
apptitain  and  belong  to  the  constables' in  the  several  towns 
of  this  state,  but  who  shall  serve  without  compensation  or 
fees  to  be  paid  by  the  city. 

62.  And  for  the  purposes  aforesaid,  or  any  or  either  of 
them,  or  of  executing  any  powers  conferred  upon  the  Com- 
mon Council  or  upon  the  city  by  this  act  or  otherwise,  the- 
said  Common  Council  shall  have  full  power  to  make,  estab- 
lish, publish,  modify,  amend  or  repeal  ordinances,  rules,  regu- 
lations and  by  laws,  and  prescribe,  fix  and  enforce  such  penal- 
ties and  fines  as  they  may  deem  proper  for  the  violation  of 
them  respectively,  not  exceeding  one  hundred  dollars,  ex- 
clusive of  said  cost  and  expenses  for  any  one  offense;  but 
every  such  ordinance,  rule  and  regulation  or  by-law  shall  be 
pubHshed  at  least  twice  in  tw^o  newspapers  published  in  said 
city,  designated  for  such  purpose  by  the  Common  Council, 
before  it  shall  take  effect,  and  every  such  ordinance,  rule, 
regulation  or  by-law,  together  with  a  certificate  by  the  clerk 
of  the  city  of  the  time  and  manner  of  the  publication  thereof, 
shall  be  posted,  entered  or  recorded  in  a  book  to  be  pro- 
vided and  kept  for  that  purpose;  and  the  said  record  or  a 
copy  thereof,  certified  by  the  clerk  of  said  city,  shall  be 
presumptive  evidence  in  all  courts  and  places,  and  in  all 
actions  and  proceedings  of  the  due  passage  of  such  ordin- 
ance, rule,  regulation  or  by-law,  and  of  its  having  been  duly 
published. 

63.  Every  person  offending  against  any  ordinance 
heretofore  passed  by  the  village  of  Mount  Vernon,  and 
which  has  not  been  repealed,  or  that  may  hereafter  be  pass- 
ed by  the  Common  Council  of  the  city  of  Mount  Vernon^ 


85 

shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  punished  by  a  fine  or  imprisonment,  or  both, 
in  the  discretion  of  the  court  before  which  such  conviction 
shall  have  been  had. 

TITLE  VII. 
Of  highways,  walks  and  streets — improve- 
ments and  assessments. 
Section  167.     The  Common  Council  shall  have  within 
the  city  all  the  powers  given  by  law  to  the  commissioners 
of  highways  of  towns ;  shall  be  under  the  same  obligations  to 
keep  roads  and  bridges  in  repair,  and  subject  to  the  same 
liabilities  in  respect  thereto,  as  commissioners  of  highways, 
and  the  expenses  thereof,  except  as  herein  otherwise  pro- 
vided, shall  be  paid  out  of  moneys  raised  by  tax  by  the 
Common   Council.      In   all   proceedings   by   the    Common 
Council  as  commissioners  of  highways  the  city  clerk  shall 
perform  all  duties  required  by  law  to .  be  performed  by  a 
town  clerk. 

Section  168.  The  Common  Council  shall  have  the  ex- 
clusive power,  under  the  restrictions  contained  in  this  act, 
to  cause  streets  and  avenues  to  be  laid  out,  opened,  extended, 
straighfened,  altered,  widened,  regulated,  re-regulated,  grad- 
ed, re-graded,  paved  and  re-paved  (none  of  which  shall  be 
construed  as  repairs) ;  streams  and  rivers  to  be  bridged  with 
or  without  draws;  culverts  and  bridges  to  be  built;  public 
squares  and  parks  to  be  opened,  extended,  regulated,  orna- 
mented and  protected ;  sidewalks  to  be  flagged  and  re-flag- 
ged and  curb  and  gutter  stones  to  be  set  and  re-set;  and 
cisterns  made  for  the  purpose  of  furnishing  water  in  case  of 
fire;  drains,  sewers,  wells,  and  pumps  to  be  constructed,  ex- 
tended, enlarged,  and  repaired ;  and  to  make  such  other  im- 
provements in  and  about  such  street,  avenue  and  squares  as 
the  pubHc  wants  and  conveniences  shall  require,  and  to  em- 
ploy such  persons  as  may  be  necessary  therefor.  The  ex- 
pense of  all  such  improvements,  except  for  repairs,  re-pav- 
ing, and  two-thirds  of  the  expenses  of  paving  streets,  shall  be 
assessed,  and  be  a  lien  on  the  property  benefitted  thereby, 


so 

in  proportion  to  such  benefit.  Whenever  the  board  of 
health  shall  determine  that  it  is  necessary  for  the  protection 
of  the  public  health  that  any  sewer  or  drain  should  be  con- 
structed, enlarged  or  repaired,  and  shall  so  certify  to  the 
Common  Council,  the  Common  Council  shall  immediately 
cause  the  same  to  be  done;  provided,  however,  that  the 
Common  Council  may  appeal  to  the  state  board  of  health 
from  any  such  determination  at  the  meeting  at  which  the 
certificate  thereof  shall  be  presented  to  it,  or  at  or  before  the 
next  stated  meeting  thereafter.  Such  appeal  shall  be  by  reso- 
lution, a  certified  copy  of  which  must  be  served  upon  every 
member  of  the  board  of  health,  and  upon  the  secretary  of 
the  state  board  of  health,  within  ten  days  after  its  adoption. 
The  board  of  health  of  the  city  or  any  taxpayer  thereof  may 
bring  such  appeal  to  a  hearing  by  giving  five  days'  notice 
thereof  to  the  city  clerk.  The  state  board  of  health  shall 
decide  such  appeal  within  thirty  days  after  such  hearing, 
and  may  af^rm,  modify  or  reverse  such  determination.  Such 
affirmance  or  modification  shall  be  final  and  conclusive, 
and  the  Common  Council  shall  forthwith  cause  such  sewer 
or  drain  to  be  constructed,  extended,  enlarged  or  repaired, 
as  provided  in  such  recommendation  as  so  affirmed  or  modi- 
fied, and  all  proceedings  authorized  by  this  act  shall  be  con- 
ducted in  the  manner  and  form  in  this  act  prescribed. 

Section  169.  The  Common  Council  shall  have  the  ex- 
clusive management  and  control  of  all  the  public  streets,  av- 
enues and  squares  in  the  city,  and  may  use  the  same  for 
the  construction  of  sewers  and  other  public  works. 

Section  170.  Whenever  a  petition  shall  be  presented 
to  the  Common  Council  for  the  laying  out  or  opening  of  any 
street,  avenue  or  square,  or  for  taking  any  property,  right 
or  easement  in  land  for  any  purpose  under  this  act,  signed 
by  one-third  of  the  persons  owning  land  on  the  Hne  of  said 
street,  or  proposed  street,  or  of  the  property,  rights,  ease- 
ments to  be  taken,  or  for  the  widening,  extending,  altering 
or  straightening  of  any  street,  signed  by  one-third  of  the 
persons  owning  land  on  the  line  of  the  whole  street,  in- 
cluding the  part  proposed  to  be  widened,  extended,  altered 


87 

or  straightened,  or  on  the  Hne  of  the  part  proposed  to  be. 
widened,  altered,  extended  or  straightened  only,  it  shall 
cause  to  be  published  in  the  official  city  newspapers,  once 
in  each  week  for  two  successive  weeks,  a  notice  that  such 
petition  has  been  received,  and  of  the  time,  not  less  than 
twenty  days  after  the  first  publication  of  such  notice,  when 
it  will  act  thereon ;  if  no  remonstrance  signed  by  a  majority 
of  the  persons  who  will  be  assessed  therefor,  shall  be  pre- 
sented to  it  on  or  before  the  day  specified  in  said  notice,  it 
may  then  or  as  soon  thereafter  as  may  be,  allow,  such  im- 
provement to  be  made,  or  the  property,  rights  or  easements 
to  be  taken.  The  Common  Council  shall  fix  the  district  of 
assessment,  beyond  which  the  assessment  shall  not  extend, 
a  description  of  which  shall  form  a  part  of  such  notice.  The 
Common  Council  by  a  unanimous  vote  of  all  its  members, 
may  allow  any  such  improvement  to  be  made,  or  property, 
rights  or  easements  to  be  taken  without  such  petition  and 
notice,  or  in  case  of  a  petition  notwithstanding  such  remon- 
stance,  and  provided  that  the  property,  rights  or  easements 
are- required  for  the  construction  of  any  sewer  or  part  there- 
of, the  Common  Council,  by  the  vote  of  a  majority  of  all 
its  members,  to  be  ascertained  by  a  taking  and  recording 
the  ayes  and  noes,  may  allow  the  improvement  to  be  made, 
and  the  property,  rights  or  easements  to  be  takeji  without 
petition  of  any  ow^ner,  and  notwithstanding  any  remon- 
stance.  If  the  Common  Council  shall  allow  such  improve- 
ments to  be  made,  or  property,  rights  or  easements  to  be 
taken,  it  shall  cause  application  to  be  made  to  the  county 
court  of  the  county  of  Westchester,  or  the  Supreme  Court 
at  a  special  term  held  in  the  judicial  district  in  which  said 
county  shall  then  be  situated,  for  the  appointment  of  three 
persons  as  commissioners  to  estimate  and  assess  the  ex- 
penses of  the  improvement,  and  the  amount  of  damages  to 
be  sustained  and  benefit  to  be  derived  therefrom,  by  the  own- 
ers of  lands  and  buildings  affected  thereby.  Notice  of  such 
application  must  be  published  in  one  or  more  of  the  official 
city  newspapers,  once  in  each  week  for  two  successive  'weeks 
before  the  day  on  which  the  application  is  to  be  made.    The 


88 

court  to  which  such  application  shall  be  made  shall  appoint 
three  persons  as  such  commissioners,  who  shall  be  owners 
of  a  freehold  estate  in  the  city,  liable  to  taxation,  not  situate 
in  the  assessment  district.  In  case  any  of  the  persons  so 
appointed  commissioners  shall  die,  resign,  decline  to  serve, 
remove  from  the  city,  be  or  become  disqualified  or  interest- 
ed in  lands  to  be  assessed  or  taken,  the  court  upon  the  appli- 
cation of  the  Common  Council,  may  without  notice,  appoint 
another  commissioner  in  his  place. 

Section  171.  The  persons  who  shall  sign  a  petition  for 
any  such  improvement  shall  be  chargeable  with  and  are  liable 
for  all  expenses  which  may  be  incurred  thereon,  if  the  same 
is  refused  by  the  Common  Council ;  and  the  amount  of  such 
expenses,  after  being  audited  and  allowed  by  the  Common 
Council,  may  be  recovered  against  such  persons  jointly  or 
severally,  by  action  in  the  name  of  the  city  of  Mount  Ver- 
non. 

Section  172.  The  Common  Council  must  cause  a  map 
to  be  made  by  a  competent  surveyor,  on  which  shall  be  des- 
ignated by  feet  and  inches,  as  near  as  may  be,  the  several 
pieces  of.  land  necessary  to  be  taken  for  the  improvement, 
and'the  several  pieces  of  land  within  the  district  of  assess- 
ment, wTiich  shall  be  numbered  in  figures  from  one  upwards, 
and  such  map  shall  constitute  a  part  of  the  report  of  the 
commissioners.  Provided  that  when  any  right  or  easement 
in  land  is  to  be  taken  in  the  proceeding,  such  map  shall  show 
the  land  in  which  such  right  or  easement  is  to  be  taken,  and 
by  appropriate  words  written  thereon,  shall  state  the  par- 
ticular right  or  easement  to  be  taken  as  to  each  separate 
lot  of  land. 

Section  173.  Each  commissioner  shall  be  sworn  faith- 
fully and  impartially  to  perform  the  duties  which  shall  de- 
volve upon  him  by  virtue  of  his  appointment,  and  shall  pro- 
ceed with  all  reasonable  diligence  to  the  discharge  of  his 
duties,  and  for  that  purpose  the  commissioners  have  power 
to  enter  upon  and  examine  any  premises  which,  in  their 
opinion,  will  be  afifected  by  the  improvement,  to  hear  the 
proofs  and  allegations  of  the  parties  interested,  at  such  time 


89 

and  place  as  they  may  appoint,  and  to  adjourn  from  time  to 
time,  as  they  may  deem  proper.  They  must,  by  pubHcation 
in  one  or  more  of  the  official  city  newspapers  give  notice  of 
the  time  and  place  when  and  where  they  will  meet  and  hear 
the  proofs  and  allegations  of  the  parties  interested,  which 
time  shall  not  be  within  less  than  ten  days  from  the  first  pub- 
lication of  the  notice. 

Section  174.  The  report  of  such  commissioners  shall 
be  in  tabular  form,  with  columns,  in  which  shall  be  distinctly 
shown  the  whole  expense  of  the  proposed  improvement,  and 
the  several  items  thereof,  the  number  on  the  map  of  the 
pieces  of  land  required  for  the  improvement,  or  of  the  lots 
in  which  a  right  or  easement  is  to  be  taken,  and  of  the 
pieces  of  land  assessed  for  benefits;  the  names  of  the  per- 
sons interested  in  the  property  taken  for  the  improvement, 
or  in  the  lots  in  which  the  right  or  easement  is  to  be  taken; 
the  amount  awarded  to  such  persons  respectively  therefor; 
the  amount  assessed  upon  each  piece  of  land,  and  on  the 
different  interests  therein;  the  balance  of  award  to  be  re- 
ceived by  different  parties  over  the  assessment  on  their  re- 
spective land,  the  balance  of  assessment  to  be  paid  by  each 
pierson  the  assessment  on  whose  land  amounts  to  more  than 
the  award,  and  so  many  and  such  different  columns,  and 
statements  as  may  be  necessary  to  designate  the  interests  of 
the  parties  in  land  or  rights  required  for  the  improvement 
and  their  liabilities  in  relation  thereto ;  provided,  how^ever, 
the  commissioners  may  substitute  in  their  report,  for  the 
name  of  the  owner  of  any  lands  taken  or  assessed,  the  words 
"unknown  owner,"  in  all  cases  where  they  have  been  unable 
to  ascertain  the  name  of  the  owner.  No  mistake  or  error 
in  the  ownership  of  any  such  lot  shall  invalidate  such  report 
or  any  part  thereof. 

Section  175.  When  any  portion  of  any  lot  is  necessary 
to  be  taken  for  any  such  improvement  the  commissioners 
may,  in  case  where  injury  and  injustice  would  otherwise  be 
done,  and  with  the  consent  in  writing  of  the  owner  or  own- 
ers of  such  lot,  and  upon  the  examination  and  approval*  of 
the  title  to  the  same  by  the  city  attorney,  include  the  whole 


90 

or  any  part  of  the  residue  of  such  lot  and  the  buildings 
thereon  in  their  report,  briefly  describing  the  same,  and 
separately  estimate  the  value  thereof  and  assess  the  same  as 
a  part  of  the  expense  of  the  improvement.  Every  such 
residue,  or  part  of  residue,  and  all  buildings  thereon  so  in- 
cluded, and  any  *nd  all  buildings  on  any  land  taken  for  such 
improvement  shall,  upon  the  confirmation  of  such  report, 
and  the  payment  or  tender  of  the  amount  at  which  the  same 
shall  have  been  so  estimated  to  the  owner  or  owners  thereof, 
vest  in  fee-simple  in  the  city  of  Mount  Vernon,  and  the 
Common  Council  shall  thereupon  cause  the  same  to  be  sold 
and  conveyed  to  the  former  owner  or  owners  thereof  or  to 
the  owner  or  owners  of  the  next  adjacent  land  at  a  price  not 
less  than  the  sum  so  estimated,  and  if  he  or  they,  upon 
reasonable  notice,  to  be  determined  by  the  Common  Council, 
shall  not  take  the  same  and  pay  such  price,  it  shall  be  sold 
at  public  auction,  upon  such  notice  as  the  Common  Council 
shall  deem  proper,  for  the  best  price  that  can  be  obtained 
therefor.  Upon  the  sale  of  the  same  the  proceeds  thereof 
shall  be  apportioned  by  the  city  clerk  between  the  owners  of 
the  land  assessed  in  proportion  to  the  amount  of  their  re- 
spective assessments,  and  paid  to  them  or  deducted  from 
their  respective  assessments. 

Section  176.  After  the  report  shall  be  completed,  it 
sliall  be  deposited  with  the  city  clerk.  The  commissioners 
shall  then  cause  to  be  published  in  one  or  more  of  the  of- 
ficial city  newspapers  a  notice  that  the  report  has  been  com- 
pleted and  so  deposited,  and  that  they  will  meet  at  the 
time  and  place  therein  to  be  specified,  not  less  than  ten  days 
from  the  first  publication  of  such  notice,  to  review  their  re- 
port. During  such  time  the  said  report  may  be  examined, 
free  of  expense,  by  all  interested,  and  at  the  time  and  place 
so  specified,  any  such  persons  may  be  heard  thereon,  and 
may  present  objections  thereto  in  writing,  accompanied  with 
such  affidavits  as  he  may  think  proper.  The  commissioners, 
shall  as  soon  as  convenient  thereafter,  review  their  report, 
correct  the  same  where  they  shall  deem  proper,  and  file  it 
with  the  city  clerk.  At  the  time  of  filing  of  said  report  the 


91 

commissioners  shall  also  file  a  certificate  of  their  proceedings, 
which  may  be  read  in  evidence,  and  shall  be  presumptive 
evidence  as  to  the  facts  therein  stated.  In  case  of  any  altera- 
tion of  an  assessment  or  award  being  made,  after  such  hear- 
ing they  shall,  before  filing  their  report,  cause  to  be  pub- 
lished in  one  or  more  of  the  official  city  newspapers,  for  two 
successive  weeks,  a  notice  that  such  report  has  been  altered 
and  deposited  with  the  city  clerk,  and  that  at  a  time  and 
place  therein  stated  they  will  meet  to  hear  and  receive  objec- 
tions thereto,  and  as  often  as  such  alteration  is  made,  like 
notice  shall  be  given.  At  the  time  and  place  mentioned  in 
such  notice,  the  commissioners  shall  attend  and  hear  and 
receive  objections  and "  affidavits  on  behalf  of  any  person 
whose  award  or  assessment  shall  have  been  altered.  The 
expense  caused  by  such  alteration  shall  be  assessed  by  the 
commisioners,  and  shall  not  be  deemed  an  alteration  of  an 
assessment  so  far  as  to  require  publication  of  the  notice 
therefor.  The  Common  Council  must  then  cause  to  be  pub- 
lished in  one  or  more  of  the  official  city  newspapers  a  no- 
tice that  the  report  has  been  completed  and  filed,  and  that 
application  to  have  the  report  confirmed  will  be  made  to  the 
county  court  of  the  county  of  Westchester,  or  to  the  Su- 
preme Court  at  a  special  term  thereof  to  be  held  ip  the  ju- 
dicial district  in  which  said  county  shall  then  be  situated, 
at  a  time  and  place  to  be  specified  in  said  notice,  not  less 
than  ten  days  from  the  first  publication  thereof.  The  city 
clerk,  on  or  before  the  day  of  the  first  publication  of  such 
notice,  shall  deposit  a  copy  thereof  in  the  post-office  of  the 
city,  paying  the  postage  thereon,  addressed  to  each  person 
named  in  such  report  as  the  owner  of  property  assessed  for 
benefit,  or  to  whom  an  award  is  made  for  damages.  Any 
such  person  may  appeal  from  said  report  by  notice  in  writ- 
ing, to  be  served  on  the  city  clerk  at  least  six  days  before 
the  time  at  which  application  is  to  be  made  to  have  the 
report  confirmed.  Such  notice  must  be  accompanied  with 
copies  of  the  objections  and  affidavits  which  have  been  de- 
livered to  the  commissioners,  and  also  with  a  statement  in- 
writing  of  tTie  grounds  of  objections  to  such  report,  and  of 


92 

the  manner  in  which  it  is  contended  the  same  ought  to  be 
altered. 

Section  177.  Such  appeal  shall  be  heard  by  the  court 
at  the  time  application  is  made  to  have  the  report  confirmed. 
The  affidavits  delivered  and  served  as  aforesaid,  and  no 
others,  may  be  read  against  confirming  the  report.  Such 
confirmation  can  be  opposed  only  by  such  appeal.  If,  in  the 
opinion  of  the  court,  an  assessment  shall  exceed  the  value 
of  the  land  assessed,  it  shall  be  good  cause  against  con- 
firming the  report.  The  court  shall  confirm  or  refuse  to 
confirm  the  report.  In  case  of  a  refusal  it  shall  send  it  back 
for  revision  or  correction  to  the  same  or  to  other  commis- 
sioners, to  be  by  it  then  appointed,  who  shall  revise  or  cor- 
rect the  same,  or  make  a  new  report,  and  thereupon  the 
same  proceedings  shall  be  had  as  upon  the  first  report,  and 
as  often  as  any  such  report  shall  be  sent  back,  as  aforesaid, 
like  proceedings  shall  be  had.  In  cases,  however,  where  the 
court  shall  direct  specific  alterations  to  be  made  therein,  it 
may  thereupon  confirm  the  said  report  without  further  no- 
tice. After  the  report  is  confirmed  it  shall  be  filed  with  the 
city  clerk. 

Section  178.  The  Common  Council  shall  cause  to  be 
paid  to  each  person  to  whom  an  award  may  have  been  made 
in  such  report,  or  to  his  legal  representatives  or  assigns, 
the  amount  of  the  same  in  excess  of  assessments  against 
him. 

Section  179.  The  county  judge  of  Westchester  coun- 
ty, or  a  justice  of  the  Supreme  Court  shall  have  power  to 
appoint  guardians  for  infants  or  other  incompetent  persons, 
to  protect  their  interests  or  prosecute  appeals  in  any  such 
proceeding,  who  shall  be  entitled  to  receive  ten  dollars  for 
their  services  before  the  commissioners;  and  no  other  fee, 
unless  upon  an  appeal,  in  wdiich  case  the  court  which  shall 
hear  the  appeal  shall  fix  upon  the  further  amount  to  be  al- 
lowed them,  if  any,  and  certify  the  same.  The  court  may 
order  such  compensation  I0  be  pnid  out  of  any  award  to 
such  person. 


93 

Of  the  grading  of  streets,  and  the  construction 
of  sewers,  bridges,  wells,  &c. 

Section  i8o.  The  Common  Council  shall  have  power 
to  establish  the  grade,  construct,  make,  grade,  regulate  and 
repair  streets,  highways,  sidewalks,  bridges,  sewers  and 
aqueducts,  or  cause  the -same  to  be  done. 

Section  i8i.  The  Common  Council  is  required  to 
make  the  necessary  surveys  arid  examination  and  to  pre- 
pare a  plan  of  a  system  of  sewers  for  that  portion  of  the  city 
not  already  sewered.  Such  plan  shall  consist  of  a  map  or 
maps  with  such  specifications  as  shall  be  required  to  describe 
and  locate  such  additional  system.  Such  plan  may  be  pre- 
pared as  a  whole  or  in  sections  from  time  to  time  as  such 
Common  Coimcil  may  determine.  When  said  plan,  or  any 
section  thereof,  shall  have  been  completed  and  adopted  by 
said  Common  Council  the  mayor  and  city  clerk  shall  so 
certify  in  writing  thereon,  affix  the  corporate  seal  of  the 
city  thereto,  and  the  same  shall  then  be  filed  in  the  office  of 
the  city  clerk.  After  said  plan,  or  any  section  thereof,  shall 
have  been  so  approved  and  filed,  it  may  be  altered  by  mak- 
ing, adopting,  approving,  certifying  and  filing  a  map  and  if 
necessary  a  specification  showing  such  alteration  in  the  man- 
ner above  provided  as  to  said  plan  or  section.  After  the 
filing-  of  said  plan  or  section  all  sewers  to  be  constructed 
must  conform  as  near  as  may  be  to  said  plan  and  system.  All 
general  laws  or  special  acts  in  relation  to  sewers  applicable 
at  the  time  of  the  passage  of  this  act,  to  the  village  of 
Mount  Vernon,  shall  apply  with  equal  force  to  the  city  of 
Mount  Vernon  to  all  sewers  hereafter  to  be  constructed 
therein  and  any  sewerage  loan  bonds  which  may  be  issued 
by  said  city  under  chapter  six  hundred  and  eight  of  the  laws 
of  eighteen  hundred  and  eighty-six  and  the  several  amend- 
ments thereto,  shall  be  designated  "sewerage  loan  bonds  of 
the  city  of  Mount  Vernon." 

(For  ch.  608,  L.  1886,  and  amendments,  see  "Appen- 
dix"). 

Section  182.     The  regulating,   re-regulating,   grading, 
re-grading,  paving,  re-paving  and  graveling  of  street's  and 


94 

highwaySj  or  any  part  thereof;  the  completion  of  the  regulat- 
ing and  grading  of  all  streets  and  highways  or  of  any  part 
thereof  and  of  the  bridges  thereon  which  may  have  been  or 
'may  be  laid  out  in  the  city  by  the  lawful  authority ;  the  con- 
struction, extension,  enlargement  and  repair  of  sewers, 
drains,  wells,  fire  cisterns,  culverts  and  bridges,  the  procur- 
'ing  of  pumps,  water  pipes  and  hydrants  for  fire  purposes, 
erecting  pumps  and  hydrants  and  laying  such  water  pipes, 
may  be  contracted  for  by  the  Common  Council  and  the 
expense  thereof  except  for  re-paving,  and  two-thirds  of  the 
expense  of  the  paving,  shall  be  apportioned  and  assessed  up- 
on the  several  lots  of  land  benefitted  thereby  by  the  assessors 
in  proportion  to  the  benefit  which  the  same  shall  derive  from 
the  improvement.  One-third  of  the  expense  for  the  paving- 
shall  be  assessed  upon  the  several  lots  of  land  benefitted 
thereby,  by  the  assessors,  in  proportion  to  the  benefit  which 
the  same  shall  derive  from  the  improvement,  and  two-thirds 
thereof  shall  be  paid  by  the  city  of  Mount  Vernon  in  the 
manner  provided  in  section  two  hundred  and  five  of  this  act. 
(As  amended  by  the  Laws  of  1896,  Chapter  692). 

Section  183.  Prior  to  the  contracting  for  any  such  work, 
a  plan  and  an  accurate  specification  of  the  work  proposed 
to  be  constructed  must  be  prepared  and  placed  in  possession 
of  the  city  clerk  for  public  inspection.  The  Common  Coun- 
cil must,  in  all  cases,  cause  to  be  prepared,  and  approve  the 
specifications  for  constructing  all  sewers,  drains,'  wells,  fire 
cisterns,  laying  water  pipes  and  erecting  hydrants.  The 
specifications  for  all  other  work  mentioned  in  the  last  fore- 
going section  must  also  be  prepared  by  direction  of  the  Com- 
mon Council  and  approved  by  it.  The  Common  Council 
shall  then  fix  a  district  of  assessment  beyond  which  the  as- 
sessment shall  not  extend,  and  cause  to  be  published  in  one 
or  more  of  the  official  city  newspapers  a  notice,  that  on  a 
day  therein  to  be  named,  at  least  two  weeks  from  the  first 
publication  thereof,  it  will  act  in  relation  to  the  work  pro- 
posed to  be  constructed;  and  that  in  the  meantime  sealed 
proposals  for  constructing  the  work,  with  the  names  of  sure- 
ties for  the  faithful  performance  thereof,  will  be  received 


95 

by  the  city  clerk.  A  description  of  such  district  shall  form 
a  part  of  such  notice.  Upon  the  day  mentioned  in  the  no- 
tice, or  upon  such  subsequent  day  as  the  Common  Council 
may  adjourn  to  for  the  purpose,  the  mayor  or  presiding 
officer  shall,  in  the  presence  of  the  Common  Council,  open 
such  proposals,  and  the  Common  Council  shall  determine 
which  proposal  is  the  most  favorable.  No  proposals  shall 
be  considered  unless  accompanied  by  the  written  consent 
of  two  sureties,  conditioned  that,  if  the  proposals  be  accept- 
ed, they  will  execute  and  deliver  a  bond  with  the  bidder  in 
a  penalty  to  be  fixed  by  the  Common  Council,  conditioned 
for  the  construction  of  the  work  at  the  price  and  upon  the 
terms  proposed,  according  to  the  plans  and  specifications 
therefor,  within  such  reasonable  time  as  the  Common  Coun- 
cil may  limit,  and  subject  to  the  supervision  and  approval  of 
the  Common  Council,  as  the  specifications  shall  provide. 
The  Common  Council  may  then,  by  the  vote  of  a  majority 
of  all  its  members,  to  be  ascertained  by  taking  and  record- 
ing the  ayes  and  noes,  direct  the  construction  of  the  pro- 
posed work,  or  refuse  so  to  do,  and  accept  the  most  favor- 
able proposal,  or  reject  all  of  said  proposals. 

Section  184.  The  assessors  shall  make  a  report,  in 
writing,  of  the  assessment  so  made,  and  deposit  the  same 
with  the  city  clerk,  and  cause  to  be  published  in  one  or  more 
of  the  official  city  newspapers,  once  in  each  week  for  two 
successive  weeks,  a  notice  that  the  report  has  been  com- 
pleted and  so  deposited,  and  that  they  will  meet  at  a  time 
and  place  therein  to  be  specified,  not  less  than  ten  days  from 
the  first  publication  of  such  notice,  to  review  their  report, 
and  that  at  such  time  and  place  the  parties  interested  can 
be  heard ;  and  the  assessors  shall  at  such  time  and  place  hear 
the  parties  interested,  and  thereafter  review  the  report,  cor- 
rect tlie  same  where  proper,  sign  and  file  it  with  the  city 
clerk,  with  all  the  objections  in  writing  which  have  been  left 
with  them  by  the  parfies  interested. 

Section  185.  The  Common  Council  shall  examine  and 
correct  the  report  and  assessment,  or  send  it  back  to  the 
assessors,  or  confirm  the  same,  as  it  may  deem  proper.    And 


96 

like  proceedings  shall  be  had  when  the  report  is  sent  back 
as  in  the  first  instance. 

Section  i86.  Whenever  the  Common  Council  shall  de- 
termine to  regulate,  re-regulate,  grade,  re-grade,  or  pave 
any  street  or  highway,  or  any  part  thereof,  it  may  direct  a 
curb  to  be  set,  and  a  gutter  to  be  made  on  each  or  either 
side  of  such  street  or  highway,  and  the  expense  therefor 
shall  be  assessed  by  the  assessors  with  the  expenses  of  regu- 
lating, re-regulating,  grading,  re-grading  or  paving  such 
street  or  highway  in  the  same  report  and  assessment  upon 
the  lots  of  land  only  that  shall  front  upon  such  street  or 
highway;  and  in  proportion  to  their  respective  frontages 
thereon. 

Of  the  alteration  of  the  grade  of  streets. 

Section  vSy.  The  Common  Council  shall  have  power, 
on  the  written  petition  of  any  party  interested,  to  alter 
the  grade  of  any  street  or  highway,  or  of  any  part  thereof. 
Before  determining  to  make  such  alteration  it  shall  cause 
to  be  made  and  deposited  in  the  office  of  the  city  clerk  a 
profile  showing  the  intended  alteration,  and  cause  to  be 
published  in  one  or  more  of  the  of^cial  city  newspapers 
once  in  each  week  for  two  successive  weeks,  a  notice  that 
such  petition  has  been  received  and  such  profile  so  deposit- 
ed, setting  forth  their  intention  to  make  such  alteration, 
and  requiring  all  persons  interested  to  present  their  objec- 
tions, in  writing,  to  the  Common  Council,  at  a  time  and 
place  to  be  mentioned  therein,  not  less-  than  two  weeks  from 
the  first  publication  thereof.  The  Common  Council  may, 
at  any  time  within  one  year  thereafter,  by  a  vote  of  three- 
fourths  of  all  its  members,  so  alter  such  grade.  In  case  the 
owner  of  any  building  of  other  structure,  or  his  authorized 
attorney,  shall  file  with  the  city  clerk,  within  six  weeks  after 
the  vote  of  the  Common  Council,  altering  the  grade  of  any 
street  or  highway,  a  claim  in  writing,  for  damages  to  such 
building  or  other  structure  arising  from  such  alteration,  the 
Common  Council  must  fix 'an  assessment  district  and  cause 
application  to  be  made  to  the.  county  court  of  Westchester 
county,  or  to  the  supreme  court,  at  a  special  term  thereof, 


97 

within  the  judicial  district  in  which  the  county  of  West^ 
Chester  is  situated,  for  the  appointment  of  three  commis- 
sioners to  estimate  and  assess  such  damages ;  and  hke  pro- 
ceedings shall  thereupon  and  thereafter  be  had  in  respect 
to  such  claim  as  in  this  title  is  provided  for  estimating  and 
assessing  the  expense  for  the  opening  and  widening  of 
streets.  All  claims  for  such  damage.s  so  filed  shall  be  con- 
sidered and  disposed  of  in  the  same  proceeding.  No  build- 
ing or  other  structure  shall  be  deemed  to  have  sustained 
damage  by  reason  of  such  alteration  of  grade,  unless  such 
building  or  structure  shall  have  been  built  with  reference  to, 
or  to  conform  with  the  previously  established  grade. 

Of  the  discontinuance  of  streets. 
Section  i88.  Upon  the  petition  of  six  or  more  resi- 
dents of  the  city,  and  owaiers  of  a  freehold  estate  therein, 
liable  to  taxation,  the  Common  Council  may  discontinue 
any  public  street  or  highway,  or  part  thereof  that  shall  ap- 
pear to  it  unnecessary.  Such  petition  must  contain  a  de- 
scription of  the  street  or  highway,  or  part  thei:eof  proposed 
to  be  discontinued,  and  to  be  accompanied  by  a  map  showing 
the  street  or  highway  proposed  to  be  discontinued,  and 
its  connection  with  other  streets  or  highways;  or  if  only 
a  part  of  a  street  or  highway,  then  its  connection  with  the 
remaining  portion.  Before  acting  thereon  such  petition 
and  map  must  be  deposited  with  the  city  clerk,  and  the 
Common  Council  must  cause  to  be  published  in  one  or  more 
of  the  official  city  newspapers,  once  a  week,  for  three  suc- 
cessive weeks,  a  notice  that  such  petition  has  been  received 
and  that  a  map  showing  the  proposed  discontinuance,  arid 
a  description  of  the  street  or  part  of  street  proposed  to  be 
discontinued  has  been  deposited  with  the  city  clerk,  and 
that  upon  a  day  to  be  stated  in  such  notice,  at  least  twenty 
days  after  the  first  publication  thereof  it  will,  if  it  deem  pro- 
per, order  such  discontinuance  to  be  made.  Unless  a  ma- 
jority of  the  owners  of  land  fronting  on  such  street,  shall  on 
or  before  the  day  specified  in  said  notice,  remonstrate 
against  such  discontinuance,  the  Common  Council  bv  a  vote 


of  three-fourths  of  all  its  members  may  upon  the  day  speci- 
fied in  said  notice  or  upon  a  subsequent  day  to  which  the 
matter  may  be  postponed,  order  such  discontinuance  by  an 
order  in  writing,  signed  by  the  city  clerk,  approved  by  the 
mayor,  sealed  with  the  corporate  seal  and  filed  in  the  city 
clerk's  office  with  the  map  accompanying  such  petition.  The 
lines  of  the  street  shall  thereupon  conform  to  the  change 
made  by  such  discontinuance.  The  Common  Council  may, 
as  a  condition  for  the  granting  such  order  of  discontinuance, 
require  the  owners  of  the  land  wnthin  the  street  or  part 
thereof  to  be  discontinued  to  pay  the  expense  of  such  pro- 
ceeding. 

Section  189.  In  case  the  owner  of  any  building  or 
other  structure,  or  of  any  land  afifected  by  any  such  dis- 
continuance, or  his  authorized  agent  or  attorney  within  six 
weeks  after  the  filing  of  such  order  or  discontinuance,  slxall 
serve  upon  the  city  clerk  a  claim  in  wTiting  for  damages  by 
such  owner  suffered  by  reason  of  such  discontinuance,  in 
respect  to  such  building,  structure  or  land,  the  Common 
Council  must  establish  an  assessment  district,  and  cause  ap- 
plication to  be  made  to  the  county  court  of  Westchester 
county,  or  to  the  supreme  court,  at  a  special  term  thereof, 
for  the  appointment  of  three  commissioners  to  estimate  and 
assess  such  damages.  Like  proceedings  as  to  such  claim 
shall  thereupon  be  had  as  is  in  this  title  providing  for  es- 
timating and  assessing  the  expense  for  the  opening  and 
v^idening  of  streets.  In  case  the  person  making  such  claim 
be  not  in  possession  of  the  land,  building  or  structure  in 
respect  to  which  such  claim  is  made,  or  in  case  the  Common 
Council  shall  deem  such  case  unfounded,  it  may  require 
the  claimant  to  file  with  the  city  clerk  a  bond  with  sufiicient 
sureties,  to  be  approved  by  the  mayor,  conditioned  to  pay 
all  costs,  expenses  and  disbursements  which  may  be  incur- 
red by  the  city  in  such  proceedings  in  case  no  award  for 
damages  shall  by  such  commissioners  be  made  in  favor  of 
such  claimant,  and  until  such  bond  be  filed,  the  Common 
Council  may  suspeild  such  proceedings.  In  case  two  or 
more  persons  shall  make  separate  claims  for  such  damages, 


99 

within  said  six  weeks,  all  such  claims  shall  be  considered  and 
disposed  of  in  the  same  proceeding. 

Section  190.  Any  person  aggrieved  by  such  order  of 
discontinuance  may,  at  any  time  within  sixty  days  after 
such  order  shall  have  been  filed  in  the  city  clerk's  ofBce, 
appeal  thereupon  to  the  supreme  court  b}^  a  notice  in  writ- 
ing to  be  served  upon  the  city  clerk;  such  appeal  shall  be 
heard  at  special  term,  and,  the  court  shall  affirm  or  vaca-te 
such  order  as  it  may  deem  for  the  best,  having  due  regard 
for  the  rights  and  interests  of  the  traveling  public  as  well 
as  the  individuals  affected  thereby.  No  papers  shall  be  read 
on  such  appeal,  except  the  proceedings  of  the  Common 
Council  and  such  affidavits  and  objections  as  may  have  been 
served  upon  the  city  clerk  with  the  notice  of  appeal,  except 
to  sustain  the  order  of  discontinuance. 

Section  191.  The  expense  of  advertising  and  printing 
and  the  compensation  of  all  persons  necessarily  employed  in 
any  foregoing  proceeding  under  this  title,  is  a  part  of  tlie 
expense  thereof,  and  shall  be  assessed  as  such.  The  Com- 
mon Council  shall  fix  such  expense,  and  the  compensation 
of  all  such  persons ;  except  those  employed  by  the  commis- 
sioner of  public  works,  which  shall  be  fixed  and  certified  by 
said  commissioner  to  the  Common  Council.  The  compen- 
sation of  the  counsel  to  the  corporation  shall  not  exceed 
fifty  dollars  in  any  such  proceeding,  unless  the  Common 
Council  shall,  by  special  resolution,  allow  a  greater  sum. 

Of  the  acceptance  of  dedicated  streets  and  highways. 
Section  192.  Whenever  any  street  or  highway  shall 
have  been  laid  out,  and  ceded  or  dedicated  to  the  public 
use  as  a  street  or  highway,  in  fact  or  by  implication  of  law, 
so  that  the  same  can  be  legally  accepted  and  taken  as  a 
-Street  or  highway,  the  Common  Council,  on  the  petition  of 
any  party  owning  lands  fronting  on  the  same,  may  lay  out 
and  open  such  street  or  highway  without  the  appointment 
of  commissioners,  and  the  Common  Council  shall  have  pow- 
er to  declare  the  same  legally  laid  out  as  a  public  street  or 
highway..    Before   acting   on   such   petition,   the    Common 


100 

Council  shall  publish  in  one  or  more  of  the  official  city 
newspapers,  once  in  each  week,  for  two  successive  weeks,  a 
notice  which  shall  accurately  describe  the  street  or  highway 
sought  to  be  laid  out  or  opened,  and  state  the  time  when 
the  Common  Council  will  act  upon  the  prayer  of  the  pe- 
tition. The  Common  Council  may,  at  any  time  within  one 
year  thereafter,  lay  out  and  open  such  street  or  highway, 
and  by  resolution  declare  such  street  or  highway  laid  out 
and  opened,  and  the  same  thereupon  shall  become  a  public 
street  or  highway.  Nothing  in  this  section  shall  make  it 
obligatory  upon  the  Common  Council  to  lay  out  or  open 
such  s_treet  or  highway. 

Section  193.  The  Common  Council  may,  in  like  man- 
ner and  under  the  restrictions  and  obligations  contained  in 
the  preceding  section,  declare  any  strip,  piece  or  parcel  of 
land  ceded  or  dedicated  to  the  pubhc  use,  adjoining  a  street 
or  highAvay,  to  be  legally  laid  out  and  opened  as  a  part  there- 
of. 

Of  the  laying  of  crosswalks. 

Section  194.  The  Common  Council  may  cause  cross- 
walks to  be  laid  out  and  the  expense  thereof,  after  being 
audited  by  it,  shall  be  apportioned  and  assessed  by  the  city 
clerk  on  the  land  in  proportion  to  its  frontage,  within  an 
assessment  district,  to  be  fixed  by  the  Common  Council,  to 
include  not  more  than  one-quarter  of  the  area  of  the  two 
blocks  connected  by  such  crosswalk.  The  city  clerk  shall 
cause  an  assessment  to  be  made  therefor.  He  shall  make  a 
report  of  such  apportionment  of  the  assessment  to  the  Com- 
mon Council,  who  may  confirm  the  report,  or  direct  a  new 
apportionment  to  be  made.  When  such  report  shall  be 
confirmed,  the  assessment  shall  be  a  lien  upon  the  property 
assessed  therein,  and  be  deemed  an  assessment  under  this 
title. 

Section  195.  It  shall  be  the  duty  of  owners  and  oc- 
cupants of  lands  fronting  on  any  of  the  streets  or  highways 
to  construct,  relay,  and  keep  in  repair  the  sidewalks  in  front 
of  their  respective  lots,  in  such  manner  and  at  such  times 
and  of  such  material,  as  the  Common  Council  may  direct, 


101 

after  notice  shall  have  been  served  on  the  occupant  of  the 
premises;  personally  if  occupied — if  unoccupied,  by  publi- 
cation in  the  official  city  newspapers  once  a  week  for  two 
successive  weeks.  If  any  such  owner  or  occupant  shall 
neglect  for  thirty  days  after  such  notice  to  construct,  relay, 
or  repair  such  sidewalks  as  required  in  such  notice,  the  Com- 
mon Council  may  cause  such  sidewalks  to  be  so  constructed, 
relaid,  or  repaired,  and  such  lots  shall  be  charged  with  the 
expense  thereof,  and  the  same  after  being  allowed,  assessed 
and  confirmed  by  the  Common  Council  shall,  thereupon  be 
a  lien  and  assessment  to  that  amount  upon  each  lot,  and  be 
deemed  an  assessment  under  this  title.  (As  amended  by 
Chapter  374,  Laws  of  1905). 

Section  196.  Whenever  the  occupant  or  lessee  of  any 
land  shall  make,  repair  or  construct  any  sidewalk,  as  re- 
quired by  the  Common  Council,  he  may  recover  the  ex- 
pense incurred  therefor  from  the  owner  of  such  lot  by  action, 
or  set  off  the  amount  against  the  rent  of  such  land. 

Section  197.  The  Common  Council  may  require  the 
owner  of  any  lot  of  land  to  excavate,  drain,  fence,  or  fill  in 
the  same  within  such  time  and  in  such  manner  as  it  may  pre- 
scribe, when  it  may  deem  necessary  for  the  health  or  safety 
of  the  public.  In  case  any  such  owner  shall  neglect  to  fence, 
drain  or  fill  in  such  lot  in  the  manner  and  within  the  time  so 
required,  after  having  given  thirty  days'  previous  notice  to 
such  owner  or  owners  of  its  intention  so  to  do,  the  Com- 
mon Council  may  cause  such  work  to  be  done  and  the  ex- 
pense thereof,  upon  being  audited,  assessed  and  confirmed 
By  the  Common  Council,  shall  be  a  first  lien  upon  such  lot, 
and  be  deemed  an  assessment  under  this  title.  The  notice 
above  provided  for  shall  be  given  as  prescribed  in  section 
one  hundred  and  ninety-five  of  this  title  as  hereby  amended. 
(As  amended  by  Chapter  374,  Laws  of  1905). 

Of  the  collection  of  assessments. 
Section   198.     All  assessments  for  improvements  in  the 
city  shall  be  a  lien  upon  the  property  assessed,  from  the  time 
of  confirmation,  which  liens,  with  interest,  percentage  and 


102 

expenses  thereon,  shall  have  priority  over  all  other  liens  or 
incumbrances. 

Section  199.  Whenever  an  assessment  under  this  title 
shall  be  confirmed,  the  city  clerk  shall  make  an  assessment- 
list,  wriich  shall  be  a  correct  schedule  of  the  several  assess- 
ments, and  certify  the  same,  in  which  shall  be  stated  the 
assessment  on  each  lot  as  shown  on  the  assessment-map, 
if  any,  as  shown  by  some  designated  map,  and  the  name  of 
the  owner,  if  given.  The  Common  Council  shall  cause  such 
assessment-list  to  be  delivered  to  the  receiver  of  taxes  and 
assessments,  with  a  warrant  attached  thereto  for  the  col- 
lection of  the  assessments  stated  therein,  in  the  same  form 
as  near  as  may  be,  as  for  the  collection  of  taxes,  and  signed 
in  the  same  manner  and  returnable  at  such  time  as  the  Com- 
mon Council  shall  direct,  which  time  may  be  extended. from 
time  to  time  by  resolution  of  the  Common  Council. 

Section  200.  All  assessments  confirmed  under  this 
title  shall  be  collected  with  like  interest  and  percentage  and 
the  returns  of  unpaid  assessments  made  in  like  manner,  as 
near  as  may  be,  as  in  the  case  of  taxes,  as  is  provided  in 
this  act,  for  the  collection  of  taxes ;  and  lands  charged  there- 
with may  be  sold  for  unpaid  assessments,  and  when  so  sold 
may  be  released  and  redeemed  in  the  same  manner  as  in 
this  act  provided  for  the  sale  of  lands  for  unpaid  taxes  and 
for  the  leasing  and  redemption  thereof,  except  that  all 
assessments  for  the  construction,  extension,  enlargement  or 
repair  of  sewers  and  drains  and  for  taking  any  property, 
right  or  easement  therefor,  hereafter  confirmed^  may  be 
paid  in  installments  in  such  amounts  and  at  such  times  be- 
fore the  day  fixed  by  the  Common  Council  for  the  sale  of 
lands  for  any  such  assessments  as  the  person  paying  the 
same  may  elect ;  that  the  rate  of  interest  on  such  assess- 
ments not  paid  within  one  month  after  the  first  publication 
of  the  notice  required  by  section  forty-seven  in  title  three 
of  this"  act,  shall  be  eight  per  centum  per  annum  from  the 
date  of  the  first  publication  of  the  said  notice,  that  no  lands 
shall  be  sold  for  any  such  unpaid  assessments  until  at  least 
live  years  after  the  same  shall  have  been  confirmed,  and  that 


,  103 

the  Common  Council  shall  take  proceedings  for  sale  of  lands 
for  such  unpaid  assessments  within  six  years  after  the  con- 
firmation thereof.  The  Common  Council  may  issue  redemp- 
tion bonds  for  the  purchase  of  such  lands  for  the  city,  under 
the  same  restrictions  as  are  provided  for  the  purchase  for  the 
city  of  lands  sold  for  unpaid  taxes  and  all  the  provisions  of 
title  V  of  this  act  in  relation  to  unpaid  taxes  shall  apply  to 
such  unpaid  assessments,  as  far  as  practicable,  in  all  respects 
as  if  the  word  "assessment"  were  used  therein  whenever  the 
w^ord  **tax"  is  used. 

Section  201.  The  receiver  of  taxes  and  assessments 
shall,  at  the  expiration  of  one  month  from  receipt  by  him 
of  a  warrant  for  the  collection  of  any  assessment  under  this 
title  report  to  the  Common  Council  the  amount  of  such 
assessment  received  by  him  under  such  warrant  within  such 
month,  and  the  Common  Council  may  thereupon  issue  bonds 
of  the  city,  to  be  known  as  "assessment  bonds"  to  the 
amount  of  such  assessments  then  remaining  unpaid.  Such 
bonds  shall  be  signed  by  the  mayor  and  city  clerk,  to  be 
of  such  denomination,  bear  such  interest  not  exceeding  the 
legal  rate,  and  mature  at  such  times  not  exceeding  six  years 
from  their  date,  as  the  Common  Council  shall  prescribe. 
The  Common  Council  may  convert  such  bonds  into  money 
at  not  less  than  their  par  value  or  obtain  loans  upon  the 
same,  and  the  proceeds  thereof  shall  be  applied  only  for  the 
purpose  for  which  the  assessments  so  reported  unpaid  were 
laid,  and  the  expenses  of  assessment  sales  and  redemption 
notices;  but  nothing  in  the  act  hereby  amended  or  in  any 
act  amendatory  thereof  or  supplementary  thereto  shall  be 
construed  to  prevent  the  reimbursement  to  the  city  of  Mount 
Vernon  of  any  sums  by  it  advanced  in  anticipation  of  such 
bond  issue.  And  all  moneys  received  from  such  assess- 
ments, or  from  the  sale  of  land  for  the  non-payment  of  such 
assessments,  after  the  issue  of  such  bonds  shall  be  held  and 
used  exclusively  for  the  payment  of  such  assessments,  bonds 
or  loans  obtained  thereon,  and  the  expenses  aforesaid.  If 
the  money  so  received  shall  not  be  sufificient  to  pay.  such 
bonds  as  they  become  due  the  Common  Council  may,  from 


104 

time  to  time  issue  additional  assessment  bonds,  equal  to 
the  amount  of  deficiency  existing  between  the  moneys  so 
received  and  the  amount  of  such  bonds  maturing;  provided, 
however  that  the  time  of.  payment  of  any  such  assessment 
bonds  shall  not  extend  beyond  two  months  after  the  time 
within  wdiich  lands  must  be  sold  for  the  non-payment  of  the 
assessments  in  the  respective  proceedings  for  which  the  said 
bonds  were  issued. 

Section  5.  The  publication  of  any  notice  heretofore 
begun  or  made  in  conformity  to  section  one  hundred  and 
ninety-five  of  chapter  one  hundred  and  eighty-two  of  the 
act  hereby  amended  as  so  amended,  shall  be  sufficient  to  all 
intents  and  purposes  as  if  such  publication  had  been  made  in 
accordance  with  said  section  as  it  read  before  such  amend- 
ments.    (As  amended  by  Chapter  374,  Laws  of  1905). 

•Section  202.  In  all  cases  where  any  proceeding  or  any 
assessment  for  grading,  regulating  or  paving  any  streets, 
avenues  or  public  places,  or  the  construction  of  any  sewers 
or  drains,  bridges  or  wells,  has  heretofore  been,  or  shall 
have  been,  or  hereafter  may  be  commenced,  had  taken,  laid, 
assessed,  or  imposed  under  the  provisions  of  this  title,  and 
either  before  or  after  the  confirmation  of  the  report  of  the 
assessors  appointed,  or  to  be  appointed,  to  estimate  and 
assess  the  expense  of  such  improvement  upon  the  property 
benefited  thereby  under  this  title,  the  Common  Council  of 
the  city  at  any  time  on  discovering  any  error  or  irregularity 
in  such  report,  or  in  the  proceedings  by  and  before  such 
commissioners  or  assessors,  or  in  the  establishment  of  the 
assessment  district,  or  in  the  publication  of  the  notices  re- 
quired by  this  title,  or  in  any  of  the  proceedings  of  the  said 
Common  Council  in  respect  to  such  improvement,  or  when- 
ever any  such  assessment  or  any  sale  thereunder  has  hereto- 
fore been  or  shall  be  set  aside  or  declared  void 'or  illegal 
by  any  court  of  competent  jurisdiction,  for  any  reason,  may 
pass  resolutions  rescinding  the  confirmation  of  such  report 
(if  the  same  has  been  or  shall  have  been  confirmed),  and 
vacating  and  setting  aside  all  or  any  of  the  proceedings  by 
or  before  said  commissioners  or  assessors,  or  bv  or  before 


105 

said  Common  Council,  and  providing  for  and  correcting  any 
errors  or  irregularities  in  any  of  the  proceedings,  and  ^yhen 
requisite,  providing  for  the  establishment  of  a  new  assess- 
ment district,  and  for  the  completion  of  the  imorovement 
and  for  a  re-assessment  and  collection  of  the  expenses  there- 
of upon  the  property  benefited  and  in  the  manner  provided 
in  this  act. 

Section  203.  The  said  Common  Council  shall  there- 
upon proceed  to  ascertain  and  determine  the  actual  cost  and 
expense  paid  or  incurred  for  such  improvements;  and  shall 
fix,  estabhsh  and  describe  an  assessment  district  upon  and 
within  the  limits  of  which  the  cost  and  expense  of  such  im- 
provements as  so  ascertained  shall  be  assessed  and  beyond 
the  limits  of  which  such  assesments  shall  not  extend;  and 
thereupon  and  thereafter  the  same  proceedings  shall  be  had 
and  conducted  for  the  laying  and  imposing  of  such  assess- 
ment, the  confirmation  thereof,  the  collection  of  assess- 
ments and  the  sale  of  lands  for  the  non-payment  thereof,  as 
are  provided  in  and  by  the  preceding  section  of  this  title, 
in  relation  to  assessments  for  improvements  in  said  city. 

Section  204.  After  the  confirmation  of  the  re-assess- 
ments authorized  by  sections  two  hundred  and  two  and  two 
hundred  and  three  of  this  title,  and  the  delivery  of  the  war- 
rant for  the  collection  of  the  same  to  the  receiver  of  taxes 
and  assessments  of  said  city,  as  provided  in  section  one 
hundred  and  ninety-eight  of  this  title,  the  said  receiver  of 
taxes  and  assessments  shall  ascertain  upon  what  portions  of 
the  real  estate  embraced  therein  the  sums  assessed  in  and 
by  said  original  assessments  shall  have  been  paid,  and  if- 
it  shall  have  been  ascertained  to  the  satisfaction 
of  the  said  receiver,  from  the  books  in  the  office  of  the  pro- 
per city  officer,  or  from  the  sworn  statements  of  parties  in- 
terested or  otherwise,  that  any  sum  embraced  in  said  origin- 
al assessment  shall  have  been  paid  the  amount  of  such  pay- 
ment shall  be  applied  on  such  assessment,  and  the  lot  or 
portion  of  real  estate  upon  which  the  amount  so  paid  shall 
have  been  assessed  in  such  original  assessment  shall  be  for- 
ever discharged  to  the  extent  of  such  payment  of  and  from 


106 

any  and  all  lien,  charge  or  incumbrance  by  virtue  or  reason 
of  any  assessment.  Whenever  the  assessment  districts  shall 
not  be  similar,  or  the  premises  previo'usly  assessed  shall  not 
be  included  within  the  assessment  district,  all  moneys  paid 
upon  the  premises  which  shall  not  be  included  in  such 
re-assessments  for  such  improvement  shall  be  repaid  to  the 
person  or  persons  who  shall  have  made  such  payment,  and 
said-  premises  shall  be  discharged  from  the  lien  of  such 
prior  assessment.  Payment  of  the  final  assessment  shall 
operate  as  a  discharge  of  all  assessment  liens  against  the 
same  premises  created  or  charged  in  the  same  proceeding. 
(As  amended  by  the  Laws  of  1896,  Chapter  692). 

Section  205.  The  Common  Council  may  also  from 
time  to  time  issue  bonds  for  such  sums  as  may  be  necessary 
to  pay  two-thirds  of  the  expenses  of  paving  streets  of  the 
city,  provided  the  aggregate  of  such  bonds  shall  not  exceed 
the  sum  of  three  hundred  and  seventy  thousand  dollars 
provided  that  not  more  than  thirty-five  thousand  of  such 
bonds  shall  be  issued  in  any  one  year.  Such  bonds  shall  be 
of  such  denomination  as  the  Common  Council  shall  deter- 
mine, bear  interest  at  a  rate  not  exceeding  four  per  centum 
per  annum,  and  mature  in  sums  not  exceeding  ten  thousand 
dollars  in  any  one  year.  Said  bonds  shall  be  signed  by  the 
mayor  and  city  clerk,  and  sealed  with  the  city  seal.  The 
Common  Council  shall  convert  said  bonds  into  money  at 
not  less  than  their  par  value,  or  may  obtain  loans  on  the 
same,  and  the  proceeds  therefrom  shall  be  used  only  for  the 
payment  of  two-thirds  of  the  costs  of  such  paving.  (As 
amended  by  the  Laws  of  1900,  Chapter  274). 

TITLE  VIIL 
(Chapter  402,  Laws  1903). 
Of  police  department. 
Section  206.     The  city  of  Mount  Vernon  shall  consti- 
tute a  pohce  district.     The  head  of  the  police  department 
shall  be  called  the  police  commissioner,  who  shall  be  ap- 
pointed by  the  mayor.     The  first  appointment  under  this 
act   shall  be  made  within  fifteen  days  after  this  act   shall 


107 

take  effect.  The  police  commissioner  shall,  unless  sooner  re- 
moved, hold  his  office  for  the  term  of  two  years,  and  until 
his  successor  shall  be  appointed  and  has  duly  qualified  as 
such.  In  case  of  a  failure  of  the  mayor  for  any  reason  to 
appoint  within  the  time  aforesaid,  the  Common  Council  of 
said  city  shall  make  such  appointment.  The  said  police 
commissioner  shall  receive  a  salary  to  be  fixed  by  the 
Common  Council,  not  exceeding  one  thousand  dollars  per 
annum,  to  be  paid  monthly,  from  which  salary  the  said 
police  commissioner  shall  pay  the  secretary  or  clerk  to  be 
appointed  as  hereinafter  provided.  He  may  be  removed 
from  office,  in  the  same  manner  as  other  appointive  of- 
ficers, as  prescribed  in  section  eighteen  of  chapter  one  hun- 
dred and  eighty-two  of  the  laws  of  eighteen  hundred  and 
ninety-two.  He  shall  execute  to  the  city  of  Mount  Vernon 
a  bond  in  the  penal  sum  of  ten  thousand  dollars,  conditioned 
for  the  faithful  discharge  of  his  duties  as  such  police  com- 
missioner, with  some  incorporated  surety  company  (author- 
ized by  law  to  furnish  security)  as  surety,  which  bond  shall 
be  approved  by  the  Common  Council  and  thereafter  filed 
in  the  office  of  the  city  clerk  of  said  city  of  Mount  Ver- 
non. The  expense  of  procuring  said  bond  shall  be  paid  by 
the  said  city  of  Mount  Vernon.  The  said  police  commis- 
sioner is  hereby  authorized  to  appoint  a  resident  citizen  of 
said  city  as  his  secretary  or  clerk,  who  shall  discharge  and 
perform  such  duties  as  may  be  required  of  him  by  said  police 
commissioner  and  who  shall  serve  during  the  pleasure  of 
said  police  commissioner. 

Section  206-a.  The  said  police  commissioner  shall 
have  cognizance  and  control  of  the  government,  adminis- 
tration, disposition  and  discipline  of  the  said  police  depart- 
ment, and  of  the  police  force  thereof.  He  shall  make,  adopt 
and  enforce  such  rules,  orders  and  regulations,  and  do  all 
such  other  acts  as  may  be  reasonably  necessary  to  effect 
a  prompt  and  efficient  exercise  of  all  powers  conferred  by 
law,  and  the  performance  of  all  duties  imposed  by  law  upon 
said  commissioner  or  the  said  department.  He  shall  have 
power  and  is  authorized  to  adopt  rules  and  regulations  for 


108 

the  examination,  hearing,  investigation  and  determination 
of  charges  made  or  preferred  against  any  member  or  mem- 
bers of  the  poHce  force ;  but  no  member  of  the  pohce  force, 
except  as  otherwise  provided  in  this  act  shall  be  fined,  repri- 
manded, removed,  suspended  or  dismissed  from  the  police 
force,  until  written  charges  shall  have  been  made  or  pre- 
ferred against  him,  nor  until  such  charges  have  been  ex- 
amined, heard  and  investigated  before  said  police  commis- 
sioner, at  a  public  hearing,  upon  such  reasonable  notice  to 
the  member  charged,  and  in  such  manner  of  procedure  as 
the  said  commissioner  may  by  rules  and  regulations  from 
time  to  time  prescribe.  Any  member  of  the  poHce  force 
who  may  hereafter  become  insane  or  of  unsound  mind,  so  as 
to  be  unable  or  unfit  to, perform  full  police  service  or  duty, 
may  be  removed  and  dismissed  from  the  police  force  by 
said  commissioner. 

Section  206-b.  Except  as  otherwise  in  this  act  provid- 
ed, the  police  department,  the  board  of  police  for  the  city 
of  Mount  Vernon,  and  the  officers  of  the  commissioners  of 
police  of  the  city  of  Mount  Vernon,  provided  for  by  chap- 
ter one  hundred  and  eighty  of  the  laws  of  eighteen  hun- 
dred and  ninety-five,  and  the  acts  amendatory  thereof,  are 
hereby  abolished,  and  the  police  department  and  the  police 
force  of  said  city  is  hereafter  to  be  constituted,  controlled 
and  administered  as  provided  in  this  chapter. 

Section  206-c.  All  the  rights,  powers,  authority,  du- 
ties and  obligations,  immediately  heretofore  by  law  vested 
in  ©r  imposed  vipon  the  police  department  or  the  board  of 
police  of  the  city  of  Mount  Vernon  mentioned  in  the  last 
above  section,  shall  forthwith  by  force  of  and  as  an  effect 
of  this  chapter  be  transferred  to  and  continue  in  the  police 
department  created  by  this  act. 

Section  206-d.  All  money,  funds  and  property,  and  all 
rights  and  title  to  and  interest  in,  and  possession  of  and 
control  over,  and  all  rights  to  the  use  and  possession  of 
any  moneys,  funds  or  property,  which  when  this  act  takes 
effect  shall  be  vested  in,  held  or  exercised  by  the  board  of 
police  for  the  city  of  Mount  Vernon  mentioned  in  section 


109 

two  hundred  and  six-b  of  this  act,  shall  forthwith  by  force 
of  and  as  an  effect  of  this  act  be  and  become  vested  in  the 
city  of  Mount  Vernon,  and  the  same  shall  be  held,  exercised, 
managed,  controlled,  used  and  applied  by  and  under  the 
direction  of  the  pohce  department  and  the  police  commis- 
sioner created  by  this  act,  until  it  is  otherwise  lawfully  pro- 
vided ;  and  the  said  police  commissioner  is  hereby  authorized 
and  empowered  immediately  upon  entering  upon  his  duties, 
to  take  possession  of  said  property. 

Section  206-e.  The  police  force  of  said  city  shall 
consist  of  a  chief  of  police,  two  sergeants,  a  keeper,  a  police 
surgeon,  one  roundsman,  the  latter  to  be  appointed  from  the 
patrolmen  by  and  shall  hold  his  position  at  the  pleasure  of, 
the  said  police  commissioner,  and  as  many  patrolmen  as 
the  said  police  commissioner  may  from  time  to  time  deter- 
mine to  be  necessary.  All  the  members  of  the  police  force 
now  in  office,  to  wit,  the  chief,  sergeants,  keeper,  poHce  sur- 
geon, and  patrolmen,  shall  upon  the  passage  of  this  act, 
be  transferred  to  the  police  force  created  by  this  act,  with- 
out examination,  and  they  shall  retain  their  present  rank 
and  positions,  unless  promoted  by  the  said  police  commis- 
sioner. All  other  members  of  the  police  force  authorized  by 
this  act  shall  be  appointed  by  the  pohce  commissioner  hereby 
created,  and  all  vacancies  shall  be  filled  by  appointments  of 
said  police  commissioner.  No  person  shall  be  appointed  to 
said  police  force  who  shall  be  over  the  age  of  thirty  years  at 
the  time  of  his  said  appointment.  (As  amended  by  Chapter 
85,  Laws  of  1905). 

Section  206-f.  The  said  police  commissioner  created 
by  this  act,  shall  prescribe  the  uniform  to  be  worn  by  said 
police  force.  He  may  at  any  time  appoint  citizens  as  special 
patrolmen,  without  pay.  The  said  police  commissioner  or 
the  said  chief  of  police,  may,  upon  emergency  or  apprehen- 
sion of  riot,  tumult,  mobs,  insurrection,  pestilence  or  in- 
vasion, appoint  special  patrolmen,  without  pay,  from  among 
the  citizens  as  either  or  both  of  them  may  deem  necessary. 

Section  206-g.  During  the  service  of  any  special  pa- 
trolmen, authorized  as  aforesaid,  he  shall  possess  all  the 


110 

powers,  privileges,  and  perform  all  the  duties  that  may  be 
by  orders,  rules  and  regulations  from  time  to  time  pre- 
scribed. Every  such  special  patrolman  shall  wear  a  badge 
to  be  prescribed  aiid  furnished  by  the  said  police  commis- 
sioner. 

Section  206-h.  The  terms  of  office  of  all  special  po- 
licemen or  special  patrolmen  heretofore  appointed  under 
powers  conferred  by  chapter  one  hundred  and  eighty-two  of 
the  laws  of  eighteen  hundred  and  ninety-two,  and  all  acts 
amendatory  thereof,  shall  cease  and  determine  immediately 
upon  the  passage  of  this  act,  and  special  patrolmen  may  be 
appointed  by  the  police  commissioner  created  by  this  act 
as  hereinbefore  provided. 

Section  206-i.  The  said  police  commissioner  shall  is- 
sue to  every  member  of  said  police  force  hereby  created, 
a  proper  warrant  of  appointment,  containing  the  date  of  his 
appointment  and  his  rank. 

Section  206-j.  The  said  police  commissioner  shall 
have  power  to  issue  subpoenas  cited  to  compel  the  attend- 
ance of  witnesses  upon  any  proceeding  authorized  by  the 
rules  and  regulations  of  the  police  department.  The  said 
police  commissioner,  the  chief  of  police  and  the  sergeants 
are  hereby  authorized  and  empowered  to  administer  oaths 
and  affirmations  to  any  person  appearing  in  any  matter  or 
proceedings  authorized  as  aforesaid,  and  to  take  any  deposi- 
tions necessary  to  be  made  under  the  rules  and  regulations  of 
the  said  police  department,  for  the  purpose  embraced  in  this 
act.  Any  willful  and  corrupt  false  swearing  by  any  witness  or 
person  appearing  in  any  matter  or  proceeding  under  the  said 
rules  and  regulations  of  this  act,  shall  be  deemed  perjury, 
and  be  punished  in  the  manner  prescribed  by  law  for  that 
ofifense.  In  case  any  person  subpoenaed  under  this  section 
shall  fail  or  refuse  to  obey  such  subpoenas,  or  refuse,  when 
required  to,  to  take  the  proper  oath  or  affirmation,  or  to 
answer  any  other  proper  question,  upon  the  presentation 
of  satisfactory  proof  to  a  justice  of  the  supreme  court  or 
the  county  judge  of  Westchester  county,  or  the  city  judge 
of  the  city  of  Mount  Vernon,  it  shall  be  the  duty  of  the 


Ill 

justice  or  judge  to  whom  such  presentation  shall  have  been 
made,  to  issue  an  order  returnable  before  him  at  an  early 
day,  requiring  the  person  so  failing  or  refusing,  to  show 
cause  why  an  attachment  should  not  be  issued  against  him, 
and  to  adopt  such  other  and  further  measures  to  compel 
the  person  to  appear  and  testify,  and  to  punish  such  disobe- 
dience, as  if  the  matter  w^as  legally  pending  in  the  supreme 
court  or  the  county  court  of  said  county,  or  the  city  court 
of  the  said  city  of  Mount  Vernon. 

Section  206-k.  The  said  police  commissioner  shall  on 
or  before  the  fifteenth  day  of  January,  in  each  year,  pre- 
pare and  present  to  the  Common  Council  a  full  and  item- 
ized statement  or  estimate  of  the  necessary  expenses  for  the 
maintenance  of  the  said  police  department  by  this  act  es- 
tablished, for  the  next  ensuing  fiscal  year;  and  the  Com- 
mon Council  of  the  city  of  Mount  Vernon  shall  on  or  be- 
fore the  first  day  of  March  in  each  year,  in  the  manner 
provided  by  law,  levy  and  assess  upon  the  taxable  proper- 
ty in  the  said  city  of  Mount  Vernon,  the  sum  of  money 
which  it  shall  determine  the  public  interest  will  require  for 
the  proper  maintenance  of  said  police  department  for  the 
next  ensuing  fiscal  year.  The  treasurer  of  said  city  shall, 
once  a  month  in  each  year,  pay  to  the  said  police  commis- 
sioner one-twelfth  part  of  the  sum  so  determined  by  said 
Common  Council  for  the  maintenance  of  said  police  de- 
partment out  of  the  first  fifty  thousand  dollars  received  by 
him  from  the  receiver  of  taxes  and  assessments,  out  of  the 
moneys  collected  by  the  latter  from  the  last  preceding  tax 
levy.  The  said  police  commissioner  shall  pay  all  the  claims, 
accounts  and  demands  against  the  said  police  department 
for  the  maintenance  thereof,  which  shall  be  just  and  proper 
and  be  allowed  by  him,  and  shall  render  an  account  of  the 
state  of  the  finances  of  said  poHce  department  received  and 
disbursed  by  him,  as  often-  as  the  Common  Council  of  said 
city  shall  require.  He  shall  also  publish  annually  in  the 
official  city  newspapers  published  in  said  city  of  Mount  Ver- 
non, a  detailed  statement  of  the  receipts  and  expenditures 


112 

received  and  made  l)y  him,  previous  to  and  including  April 
thirteenth  in  each  year. 

.Section  206-I.  The  balance  of  all  moneys  raised  in  the 
city  of  Mount  Vernon  for  the  said  police  department  of  said 
city,  shall  be  paid  over  by  the  officer  or  officers  in  whose 
charge  the  same  may  be,  to  the  said  police  commissioner. 
The  moneys  so  coming  into  the  hands  of  the  said  police  com- 
missioner shall  be  applied  first  to  the  expenses  incurred  and 
remaining  unpaid,  if  any  there  be,  on  account  of  the  exist- 
ing police  department  in  the  city  of  Mount  Vernon,  and  then 
to  the  payment  of  the  expenses  of  the  said  police  commis- 
sioner and  the  police  force  hereby  created,  as,  from  time  to 
time  may  be  necessary. 

Section  206-m.  No  person  holding  office  under  this 
act  shall  be  liable  to  jury  or  military  duty,  or  to  arrest  on 
civil  process,  or  to  service  of  subpoena  from  civil  courts 
while  actually  on  duty. 

Section  206-n.  The  members  of  said  police  force  and 
the  different  officers  named  shall  respectively  receive  such 
compensation  as  the  said  police  commissioner  may  deter- 
mine. 

Section  206-0.  Neither  the  mayor,  nor  any  alderman, 
nor  any  other  person  holding  office  under  the  city  govern- 
ment, shall  be  eligible  to  the  office  of  police  commissioner. 

Section  206-p.  No  member  of  the  police  force,  nor 
the  said  police  commissioner,  shall,  under  any  pretense 
whatever,  receive  or  share  in  any  present,  gift,  fee,  reward^ 
emolument  for  service  as  a  member  of  the  said  police  de- 
partment, additional  to  his  regular  salary  or  compensation. 
The  said  police  commissioner  may  allow  any  member  of  said 
police  force,  for  meritorious  or  extraordinary  service  ren- 
dered by  him,  to  retain  for  his  own  benefit  any  reward  or 
present  tendered  him  therefor.  Said  commissioner  shall  re- 
ceive no  salary  or  compensation  for  his  service  under  this 
act,  except  as  in  this  act  heretofore  provided. 

Section  206-q.  It  is  hereby  made  the  duty  of  said  po- 
lice force  at  all  times  of  the  day  or  night,  within  the  said 
city  of  Mount  Vernon,  to  preserve  the  public  peace,  pre- 


\ 


113 

vent  crime,  detect  and  arrest  offenders,  suppress  riots  and 
insurrections,  protect  the  rights  of  persons  and  property, 
guard  the  public  health,  preserve  order  at  public  meetings 
and  be  responsible  for  the  preservation  and  enforcement  of 
law  at  every  primary  and  public  election,  to  remove  nuisances 
from  the  public  streets  and  public  and  private  alleys,  roads, 
places,  watercourses  and  highways,  repress  and  restrain  dis- 
orderly houses  and  houses  of  ill-fame,  to  arrest  all  street 
beggars  and  mendicants,  to  provide  a  proper  police  attend- 
ance at  every  fire  for  the  protection  and  assistance  of  fire- 
men; to  provide  for  and  protect  emigrants,  strangers  and 
travelers  in  public  streets  and  at  railroad  depots,  enforcing 
every  law  and  ordinance  relating  to  the  suppression  of 
crime ;  to  serve  all  criminal  process  within  said  city,  includ- 
ing all  process  for  violation  of  suny  city  ordinance,  and  exer- 
cise all  the  powers,  and  perform  all  the  duties  incumbent 
upon  a  police  force.  The  several  members  of  said  force 
shall  have  power  and  authority,  immediately  and  without 
process,  to  arrest  and  take  into  custody  any  person  who  shall 
commit,  or  threaten  or  attempt  to  commit  in  the  presence 
of  such  member,  or  within  his  view,  any  breach  of  the  peace 
or  offense  directly  prohibited  by  act  of  the  legislature  or  by 
any  ordinance  of  the  city  of  Mount  Vernon. 

Section  206-r.  The  members  of  the.  police  force  shall 
possess  in  every  part  of  the  state  of  New  York,  all  the  com- 
mon law  and  statutory  powers  of  constables,  except  for  the 
service  of  a  civil  process,  and  any  warrant  for  search  or 
arrest,  issued  by  any  magistrate  of  the  state  of  New  York, 
may  be  executed  in  any  part  of  the  state  by  any  member  of 
the  police  force  of  said  city  according  to  the  terms  thereof, 
and  all  the  provisions  of  the  penal  code  in  relation  to  the 
giving  and  taking  of  bail,  shall  apply  to  this.act.  (As  amend- 
ed by  the  Laws  of  1903,  Chapter  402). 

Section  207.  All  members  of  the  police  force  shall 
hold  their  offices  during  good  behavior,  and  no  member 
shall  be  removed  until  written  charges  shall  have  been  pre- 
ferred against  him  and  the  same  shall  have  been  publicly 
heard   and    examined   by   said   pohce    commissioner,    after 


114 

reasonable  notice  to  him  thereof  by  said  poHce  commission- 
er. No  person  shall  be  appointed  by  3aid  police  commis- 
sioner who  is  not  a  citizen  of  the  United  States,  or  who 
has  ever  been  convicted  of  a  crime,  or  who  cannot  under- 
standingly  read  and  write  the  English  language.  Each  mem- 
ber of  the  police  force  shall  subscribe  an  oath  of  office  in 
the  constitutional  form  in  a  book  kept  for  that  purpose,  and 
shall  take  such  oath  before  the  said  police  commissioner, 
who  is  hereby  authorized  to  administer  such  oath  and  certify 
the  taking  thereof.  (As  amended  by  the  Laws  of  1903, 
Chapter  402). 

Section  208.  The  salaries  and  compensation  of  the 
members  of  said  police  force  shall  be  paid  monthly,  in  the 
manner  prescribed  by  the  rules  and  regulations  of  said  po- 
lice commissioner,  subject  tt)  such  deduction  from  the  salary 
or  pay  of  said  member,  as  said  police  commissioner  shall 
make  to  satisfy  fines  imposed  on  any  member  of  such  force 
by  way  of  punishment  for  improper  conduct  or  ofifense  com- 
mitted.    (As  amended  by  the  Laws  of  1903,  Chapter  402). 

Section  209.  The  chief  of  police  created  by  this  act 
shall  be  (subordinate  to  said  police  commissioner)  the  chief 
executive  of  the  police  force.  He  shall  obey,  and  cause  the 
force  to  obey,  the  rules  and  regulations  that  may  be  from 
time  to  time  established  by  said  police  commissioner,  in  ac- 
cordance with  the  provisions  of  this  act,  and  he  shall  make 
all  details  and  assignments  of  the  police  force.  (As  amend- 
ed by  the  Laws  of  1903,  Chapter  402). 

TITLE  IX. 

Of  the  prevention  and  extinguishing  of  fires. 
Section  210.  The  Common  Council  shall  have  power 
to  prohibit  the  erection  of  wooden  buildings  within  or  in 
the  vicinity  of  the  compactly  built  part  of  the  city,  to  be 
specified,  but  such  power  shall  only  be  exercised  upon  a 
two-thirds  vote  of  the  Common  Council;  to  require  fire 
escapes  to  be  proviided  in  such  mills,  factories  and  other 
buildings,  as  it  may  deem  safety  to  human  life  requires;  to 
raze  or  demolish  any  building  or  structure  which  may  be  or 


115 

become  dangerous  to  human  life  or  health;  to  prevent  the 
dangerous  construction  and  condition  of  buildings,  walls, 
chimneys,  fire  places,  hearth  stoors,  stove  pipes,  ovens,  boil- 
ers and  apparatus  used  in  any  building,  and  to  cause  the 
same  to  be  removed  or  placed  in  safe  condition ;  to  prevent 
the  deposit  of  ashes  in  unsafe  places. 

Section  211.  There  shall  be  a  bo^rd  of  fire  commis- 
sioners composed  of  three  commissioners  each  of  whom  shall 
hold  his  office  for  the  term  of  three  years  except  that  the 
first  three  commissioners  shall  be  appointed  to  hold  office 
as  follows :  One  until  the  fifteenth  day  of  June,  eighteen 
hundred  and  ninety-three ;  one  until  the  fifteenth  day  of 
June,  eighteen  hundred  and  ninety-four,  and  one  until  the 
fifteenth  day  of  June,  eighteen  hundred  and  ninety-five.  The 
fire  commissioners  shall  receive  no  compensation  for  their 
services  as  such. 

Section  211-a.  The  said  board  of  fire  commissioners 
shall  annually  on  or  before  the  fifteenth  day  of  December 
fix  and  determine  the  amount  of  moneys  necessary  to  be 
raised  in  the  annual  taxes  for  the  maintenance  of  the  fire 
department,  and  shall  make  a  requisition  for  the  amount^,  so 
fixed  and  determined,  upon  the  Common  Council  of  the 
cit^  of  Mount  Vernon,  but  said  sum  shall  not  exceed  in  any 
one  year  twelve  thousand  dollars,  but  the  Common  Coun- 
cil may  reduce' such  estimate.  The  amount  finally  fixed  and 
determined  by  the  Common  Council  shall  be  placed  in  a 
separate  fund  to  be  called  and  designated  by  the  comptroller 
and  city  treasurer  as  a  fund  for  the  maintenance  of  the  fire 
department,  which  said  fund  shall  not  be  used  for  any  other 
purpose  than  specified  by  this  act.  The  Common  Council 
of  the  city  of  Mount  Vernon  shall  annually  levy  and  assess 
upon  the  taxable  property  in  the  said  city  of  Mount  Vernon 
the  sum  so  fixed  and  determined,  in  the  manner  provided  by 
law  for  assessing,  levying  and  collecting  the  city  taxes  within 
and  for  the  said  city.  (As  amended  by  the  Laws  of  1900, 
Chapter  361). 

Section  2ii-b.  It  shall  be  the  duty  of  the  mayor  and 
city  clerk  upon  receipt  of  a  requisition  from  the  board  of 


116 

fire  commissioners  to  the  Common  Council,  and  by  that 
body  ordered,  to  prepare  a  draft  for  each  and  every  account 
or  bill  which  may  be  presented,  duly  certified  by  the  presi- 
dent and  secretary  of  said  board  of  fire  commissioners  that 
said  bills  and  accounts  have  been  audited,  which  draft  shall 
Be  countersigned  by  the  comptroller  in  the  same  manner  as 
drafts  for  bills  and  accounts  against  the  city  are  now  signed, 
and  countersigned,  and  when  the  drafts  are  so  signed  and 
presented  to  the  treasurer  of  the  city,  he  shall  pay  the  same 
from  the  fund  for  the  maintenance  of  the  fire  department. 
(As  amended  by  the  Laws  of  1900,  Chapter  361). 

Section  212.  The  Fire  commissioners  shalj  have  pow- 
er to  authorize  the  officers  of  the  city  to  keep  idle  and  sus- 
picious persons  away  from  the  vicinity  of  any  fire ;  to  com- 
pel all  persons  to  aid  in  the  extinguishment  of  fires  and  the 
preservation  of  property,  and  in  case  of  refusal,  to  arrest 
or  cause  such  persons  to  be  arrested  as  disorderly  persons 
under  this  act,  and  to  establish  such  regulations  and  ordi- 
nances for  the  prevention  and  extinguishment  of  fires  and 
preservation  of  life  and  property  thereat  as  they  may  deem 
expedient. 

Section  213.  The  fire  commissioners  shall  procure, 
have  charge  of  and  control  fire  engines,  and  other  appa- 
ratus, used  in  the  extinguishment  of  fires;  they  shall  pro- 
vide suitable  quarters  for  keeping  and  preserving  the  same, 
have  power  to  organize  and  disband  engine,  hose,,  hook  and 
ladder  and  other  protective  companies,  which  shall  consti- 
tute the  fire  department  of  said  city;  and  to  appoint  a  suit- 
able and  competent  number  of  citizens  of  the  city  as  fire- 
men, to  take  the  care  and  management  of  all  apparatus  and 
implements  for  the  extinguishment  of  fires;  to  prescribe 
the  duties  of  and  dismiss  firemen,  and  make  rules  and  regu- 
lations for  the  government  of  the  fire  department.  The 
members  of  the  several  companies  when  organized  under 
this  act  shall  have  power  to  elect  from  among  their  number 
a  foreman,  a  first  assistant  foreman,  a  second  assistant  fore- 
man and  other  officers  for  their  respective  companies,  and  to 
nominate  and  elect  members  to  fill  any  vacancy  which  may 


117 

occur  in  their  ranks,  subject  to  the  regulation  and  approval 
of  the  fire  commissioners.  The  fire  commissioners  shall  de- 
termine the  limit  of  membership  of  each  company,  which 
however  shall  not  exceed  sixty.  Each  company  may  adopt 
by-laws  for  their  government,  and  impose  fines  and  for- 
feitures for  the  violation  of  the  same. 

They  may  expel  any  member  for  improper  conduct  or 
neglect  of  duty.  During  the  time  such  companies  shall  re- 
main organized,  they  shall  have  the  custody  of  the  apparatus, 
assigned  to  them  subject,  nevertheless,  to  the  paramount 
possession,  authority  and  control  of  the  fire  commissioners. 
(As  amended  by  the  Laws  of  1903,  Chapter  448). 

Section  214.  The  fire  commissioners  shall  be  fire  war- 
dens, and  they  shall  have  power  and  may  authorize  the 
chief  engineer  or  the  assistant  engineers  to  enter  and  ex- 
amine any  theatre,  opera  house,  hall  or  building  in  order  to 
detect  any  violation  of  the  city  ordinance,  and  to  safeguard 
the  public  against  fire,  panic,  or  injury  resulting  therefrom. 
They  may  empower  the  chief  engineer  to  detail  a  number 
of  members  of  the  fire  department  to  any  public  gathering, 
for  the  purpose  of  enforcing  the  provisions  covered  by  this 
section.     (As  amended  by  the  Laws  of  1903,  Chapter  448). 

Section  215.  The  members  of  the  fire  department  shall 
elect  a  chief  engineer,  a  first  assistant  engineer,  a  second 
assistant  engineer,  and  a  treasurer,  who  shall  hold  office 
for  such  time  as  the  fire  commissioners  may  prescribe  or 
during  their  pleasure.  (As  amended  by  the  Laws  of  1903, 
Chapter  448). 

Section  216.  The  chief  engineer  or  either  of  the  as- 
sistant engineers,  or  any  person  in  charge  of  any  engine, 
hose  carriage  or  truck  on  its  way  to  a  fire,  may  detach  from 
any  vehicle  any  horse  or  horses,  mule  or  mules,  and  attach 
the  same  to  such  engine,  hose  carriage  or  truck  and  there- 
with assist  in  conveying  the  same  to  the  locality  of  such 
fire;  and  to  use  the  same  for  such  length  of  time  as  the 
officer  may  deem  necessary,  thereafter  returning  the  same 
to  the  owner  or  person  from  whom  it  was  taken. 


118 

Section  217.  The  firemen  enrolled  by  virtue  of  this 
act  shall,  during  the  term  of  their  term  of  service  as  such, 
be  exempted  from  jury  and  militia  duty,  except  in  case 
of  war,  invasion  or  insurrection ;  and  a  service  of  five  years 
as  such  firemen  shall  forever  exempt  them  from  such,  jury 
and  militia  duty,  excepting  as  aforesaid.  The  name  of  each 
fireman  so  enrolled  shall  be  registered  with  the  fire  com- 
missioners, and  the  evidence  to  entitle  him  to  the  exemp- 
tions aforesaid  shall  be  the  certificate  of  such  commissioners. 

Section  218.  Whenever  the  Common  Council  shall 
determine  to  pay  the  officers  and  members  of  the  fire  de- 
partment, or  any  portion  thereof,  the  fire  commissioners 
shall  have  the  power  to  reorganize  the  fire  department,  ap- 
point all  officers,  and  members,  establish  rules  and  regula- 
tions for  the  government  of  the  department  when  so  organ- 
ized under  the  provisions  of  this  section;  and  when  so  or- 
ganized all  provisions  of  this  act  inconsistent  with  the  pro- 
visions of  this  section  become  inoperative. 

Whenever  the  Common  Council  shall  determine  to  pay 
the  officers  and  members  of  the  fire  department,  or  any  por- 
tion thereof,  the  Common  Council,  upon  the  requisition  of 
the  fire  commissioners  shall  raise  by  tax  upon  the  taxable 
property  within  the  city,  in  addition  to  the  sums  authorized 
to  be  levied  and  collected  in  a  manner  made  and  provided  by 
law  for  assessing,  levying,  and  collecting  city  taxes  within 
and  for  said  city  a  sum  to  be  determined  by  the  Common 
Council  each  year;  until  such  determination  the  Common 
Council  shall  annually  set  apart  and  appropriate  the  sum  now 
allowed  by  law  one-fifteenth  of  one  per  centum  of  the  as- 
sessed valuation  for  the  support  of  the  fire  department. 

The  treasurer  of  the  city  shall  pay  to  the  treasurer  of 
the  board  of  fire  commissioners  each  month  one-twelfth  of 
the  total  amount  appropriated  for  the  maintenance  and 
expenses  of  the  fire  department,  and  the  said  treasurer  of 
the  board  of  fire  commissioners  shall  pay  all  claims,  ac- 
counts, and  demands  against  the  said  board  of  fire  commis- 
sioners which  shall  be  approved  and  audited  by  the  said 
board  of  fire  commissioners ;  and  the   said  treasurer  shall 


119 

execute  to  the  city  of  Mount  Vernon,  a  bond  in  the  penal 
sum  of  two  thousand  five  hundred  dollars  with  some  incor- 
porated surety  company  (authorized  by  law  to  furnish  se- 
curity as  surety)  which  bond  shall  be  approved  by  the  Com- 
mon Council,  and  filed  in  the  office  of  the  city  clerk  of  Mount 
Vernon,  and  the  expense  of  procuring  the  said  bond  shall 
be  paid  by  the  said  city. 

The  treasurer  of  the  board  of  fire  commissioners  shall 
render  an  account  of  the  finances,  as  often  as  the  fire  com- 
missioners shall  require,  and  he  shall  at  the  end  of  the  fiscal 
year  render  to  said  commissioners  a  full  and  detailed  re- 
port covering  all  receipts  and  expenditures  of  the  fire  de- 
partment, which  report  or  a  certified  copy  thereof  shall  be 
submitted  to  the  Common  Council  and  shall  be  published  in 
the  official  newspapers.  (As  amended  by  the  Laws  of  1903, 
Chapter  448). 

Poundmaster. 

Section  219.  The  poundmaster  shall  have  the  powers 
and  perform  the  duties  conferred  and  imposed  upon  him  by 
this  act  and  upon  town  poundmasters  by  any  statute  of  this 
state,  and  such  other  lawful  duties  and  powers  as  the  Com- 
mon Council  may  prescribe. 

TITLE  X. 
Of  the  Public  Health. 
Section  220.  The  board  of  health  of  the  city  of  Mount 
Vernon  shall  consist  of  three  resident  citizens,  one  of  whom 
shall  be  a  practicing  physician  within  said  city,  and  one  of 
whom  shall  be  a  person  engaged  in  business  within  said  city, 
and  all  of  whom  shall  be  appointed  by  the  mayor  and  shall 
hold  office  during  the  pleasure  of  the  mayor,  and  until 
their  successors  shall  be  duly  appointed  and  qualified.  Be- 
fore entering  on  the  duties  of  their  offices  they  shall  take 
and  file  with  the  city  clerk  the  constitutional  oath  of  office. 
No  member  of  said  board  of  health  shall  receive  any  com- 
pensation for  services  rendered  by  virtue  of  this  act.  The 
board  of  health  shall  meet  at  least  once  a  month,  and  as 
much  oftener  as  it  shall  deem  practicable.     The  practicing 


120 

physician  appointed  shall  be  the  president,  the  city  clerk, 
the  secretary  and  the  health  officer  of  the  city  the  executive 
officers  of  said  board  of  health.  Each  member  of  the  board 
of  health  shall  have  a  vote  upon  all  questions.  (As  amend- 
ed by  the  Laws  of  1896,  Chapter  692). 

Section  26.  Whenever  the  word  "freeholder"  appears 
in  said  chapter  one  hundred  and  eighty-two  of  the  laws  of 
eighteen  hundred  and  ninety-two,  as  a  qualification  for  hold- 
ing any  office  under  said  act,  it  shall  be  construed  and  under- 
stood to  mean  the  record  owner  of  a  freehold  estate. 
(Amendment  by  the  Laws  of  1896,  Chapter  692). 

Section  221.  The  board  of  health  shall  have  power  to 
make  regulations  for  the  periodical  vaccination  of  all  per- 
sons; to  prevent  the  bringing  or  coming  into  the  city  of 
persons  infected  with  or  suffering  from  contagious,  infec- 
tious or  pestilential  diseases,  or  who  shall  have  been  exposed 
thereto,  or  the  dead  bodies  of  such  as  shall  have  died  there- 
from ;  to  prevent  persons  from  visiting  rooms  or  apartments 
of  persons  infected  with  such  diseases,  or  of  the  attendants 
of  such  persons;  to  regulate  the  funerals  and  interments 
of  persons  who  have  died  of  such  diseases;  to  prevent  the 
bringing  into  the  city  of  bed  clothing  or  wearing  apparel, 
or  any  merchandise  which  shall  have  been  used  by  any  per- 
son affected  with  such  diseases.  To  remove  or  compel  re- 
moval to  a  hospital,  pest-house  or  other  place,  or  the  se- 
clusion of  persons  suffering  with  or  who  may  have  been 
exposed  to  such  diseases ;  to  take  charge  of  and  care  for,  at 
the  expense  of  the  city,  any  persons  who  shallbe  affected 
with  such  diseases;  to  designate  infected  houses  and  dis- 
tricts; to  prevent  persons  from  entering  or  coming  from 
infected  houses  or  districts;  to  cause  to  be  examined  and 
disinfected  all  infected  houses,  buildings  or  districts;  to 
inspect,  regulate  and  compel  the  proper  alteration,  rebuild- 
ing, construction  and  keeping  clean  of  cesspools,  vaults, 
drains,  basins,  water  conduits  and  other  constructions  af- 
fecting the  public  health ;  to  compel  all  premises  to  be  con- 
nected with  public  sewers  where  existing;  to  compel  the 
abatement,  disuse  and  removal  of  vaults,  drains,  basins,  wa- 


121 

ter  conduits  and  cesspools;  to  cause  any  vault  or  cesspool 
to  be  cleaned  or  emptied;  and  to  suppress,  abate  and  re- 
move any  public  nuisance  detrimental  to  the  public  health; 
and,  in  addition  to  other  remedies  which  it  may  possess  by 
law,  the  board  of  health  is  hereby  empowered  to  issue  its 
warrant  whenever  necessary  to  the  sheriff  of  the  county  ol 
Westchester,  or  to  any  policeman  of  the  city,  authorizing 
and  commanding  him  to  forthwith  suppress,  abate  and  re- 
mov-e  such  public  nuisance;  and  the  amount  of  expense  in- 
curred in  cleaning  or  emptying  anv  vault  or  cesspool,  and 
abating  or  removing  any  public  nuisance,  when  certified  by 
said  board  of  health  to  the  Common  Council  and  §led  with 
the  city  clerk,  shall  be  paid  by  the  Common  Council,  and 
such  amount  shall  thereupon  be  and  become  a  lien  upon 
the  lot  or  premises  whereon  such  public  nuisance  existed, 
or  said  vault  or  cesspool  was  cleaned  or  emptied,  with  in- 
terest thereon  from  the  date  of  payment  in  favor  of  the  city, 
and  the  Common  Council  may  enforce  the  collection  there- 
of by  charging  the  same  against  said  lot  or  premises  as  a 
tax,  in  the  tax-roll  of  the  ensuing  year,  or  by  action  against 
the  owner  of  the  said  lot  or  premises,  or  any  person  who 
may  have  created,  permitted  or  maintained  such  public  nu- 
isance, or  said  vault  or  cesspool;  to  ascertain  and  declare 
the  cost  and  expense  of  any  work,  care  or  other  expense 
bestowed  upon  private  persons  or  property,  and  to  audit  all 
bills  and  accounts  for  work,  care  or  other  expenses  bestowed 
upon  or  for  private  persons  or  property,  or  for  medical  care, 
attendants,  and  the  support  of  patients  cared  for  or  sup- 
ported in  hospital,  pest-house  or  elsewhere  in  the  city,  and 
return  the  same  to  the  Common  Council,  which  shall  have 
power  to  maintain  an  action,  therefor  in  the  corporate  name 
of  the  city  against  any  person  liable  for  the  payment  there- 
of; to  do  all  things  meet  and  necessary  to  protect  the  lives 
and  health  of  all  persons  in  the  city  in  all  sanitar}^  matters; 
in  addition  to  the  powers  herein  expressly  granted  to  have 
and  exercise  all  the  powers  now  or  at  any  time  hereafter  con- 
ferred upon  boards  of  health  in  cities  by  any  general. law. 
And  the  board  of  health    is  hereby  authorized  and  empower- 


122 

ed  to  establish,  make,  publish,  ordain,  amend  and  repeal  a 
sanitary  code,  and  all  such  ordinances,  by-laws,  rules,  or- 
ders, resolutions  and  regulations  as  may  be  necessary  to 
carry  into  effect  the  powers  of  said  board;  and  to  enforce 
observance  of  its  sanitar}^  code,  ordinance;s,  by-laws,  rules, 
orders,  resolutions  and  regulations,  and  each  and  every  of 
them  made  pursuant  to  law  by  imposing  penalties  on  any 
person  or  corporation  violating  the  same  and  upon  the 
owner  or  occupant,  or  either  of  them,  of  the  premises  wltere- 
on  any  public  nuisance  or  cause  or  promotant  of  disease  or 
ill-health  or  subject-matter  of  offense  may  be,  not  exceeding 
in  any  oue  case  of  violation,  two  hundred  dollars,  and  to 
maintain  actions  to  be  brought  in  the  city  court  of  Mount 
Vernon,  or  any  court  of  competent  jurisdiction  in  the  name 
of  the  board  of  health  of  the  city  of  Mount  Vernon,  to  re- 
cover such  penalties  with  costs,  or  to  restrain  by  injunction 
such  violations,  or  both,  or  otherwise  to  enforce  such  sani- 
tary code,  ordinances,  by-laws,  rules,  orders,  resolutions  and 
regulations.  Such  penalty  or  penalties  may  be  recovered, 
and  an  injunction  may  be  granted  in  the  same  action.  In 
any  of  such  actions  brought  in  the  city  c«»urt  of  Mount 
Vernon,  the  said  court  shall  have  jurisdiction  (and  an  in- 
junction order  therein  may  be  granted  by  said  court  or  the 
city  judge  and. said  court  shall  have  jurisdiction)  to  grant 
and  enter  judgment  perpetually  enjoining  and  restraining 
«^uch  violation.  Causes  of  action  to  recover  two  or  more 
penalties  for  violation  of  the  said  sanitary  code,  ordinance, 
by-law,  rule,  order,  resolution  or  regulation  may  be  joined 
m  the  same  action.  Whenever  a  judgment  for  money  shall 
be  recovered  by  said  board  of  health  in  any  of  said  actions 
the  person  or  persons  against  whom  such  judgment  is  re- 
covered, in  default  of  payment,  may  be  imprisoned  not  ex- 
ceeding ten  days  under  execution  against  the  person  in 
the  county  jail  of  Westchester  county,  without  jail  liberty. 
Every  sanitary  code  or  amendment  thereto,  ordinance,  by- 
law, rule,  order,  resolution  or  regulation  adopted  by  the 
board  of  health  imposing  any  penalty  or  forfeiture  for  a 
.   violation  of  the  same  after  its  passage,  must  be  subscribed 


123 

by  the  secretary  of  said  board,  and  published  at  least  once 
in  each  week,  for  two  successive  weeks,  in  one  of  the  official 
city  newspapers.  Personal  service  of  any  such  sanitary  code 
or  amendment  thereto,  ordinance,  by-law,  rule,  order,  reso- 
lution or  regulation  shall,  in  case  of  the  person  served,  be 
equivalent  to  due  publication  thereof.  All -ordinances  law- 
fully adopted  by  the  Common  Council,  or  by  the  board  of 
health  of  the  city,  affecting  the  public  health,  shall  be  and 
remain  in  full  force  until  repealed. 

Section  222.  The  board  of  health  may  prescribe  the 
powers  and  duties  of  the  health  officer,  in  all  sanitary  mat- 
ters, in  so  far  as  the  same  shall  not  conflict  with  his  powers 
and  duties,  as  the  same  are  or  may  be  prescribed  by  general 
statutes. 

Section  222,.  The  Common  Council  may  lease  or  pur- 
chase a  building  for  a  hospital  or  pest-house.  Whenever 
such  hospital  or  pest-house  shall  have  been  leased  or  pur- 
chased, the  board  of  health  shall  have  power  to  make  rules, 
ordinances  and  regulations  for  its  management,  for  the  ad- 
mission and  conveyance  of  patients  thereto,  and  for  the  col- 
lection of  expenses  incurred  for  medical  aid,  attendants  and 
the  support  of  the  patients  therein,  or  elsewhere  in  the  city 
at  the  city's  expense,  and  if  the  person  so  cared  for  or  sup- 
ported shall  be  a  poor  person  not  having  visible  property 
sufficient  to  pay  the  expense  thereof,  not  exempt  from  exe- 
cution, the  parents,  children  or  guardians,  as  the  case  may 
be,  of  the  person  so  supported  or  cared  for  shall  be  jointly 
and  severally  liable  for  his  or  her  support  and  maintenance, 
and  the  city  shall  have  a  cause  for  action  against  the  person 
or  persons  so  liable,  for  the  recovery  of  the  expenses  of  such 
support  and  care,  with  costs.  If  the  Common  Council  shall 
neglect  or  refuse  to  provide  a  suitable  hospital  or  pest-house, 
when  required  by  the  board  of  health,  such  board,  may  when- 
ever the  necessity  therefor  exists,  for  the  protection  of  the 
public  health,  at  the  expense  of  the  city,  provide  a  tempo- 
rary hospital  or  pest-house,  and  maintain  the  same,  until 
the  necessity  therefor  ceases,  or  suitable  provision  is  made 
by  the  Common  Council.     No  building  shall  be  leased,  pur- 


124 

chased  or  erected  in  the  city  for  use  as  hospital  or  pest- 
house,  or  used  for  such  purposes,  without  the  sanction  and 
approval  thereof  of  the  board  of  health. 

Section  224.  Every  practising -physician  in  the  city, 
who  shall  attend  a  patient  sick  or  attacked  with  any  con- 
tag'ious,  infectious  or  pestilential  disease,  shall  forthwith, 
upon  discovery  by  him,  make  report  thereof  in  writing  to 
the  health  ofhcer,  and  for  neglecting  so  to  do,  shall  be 
deemed  guilty  of  a  misdemeanor. 

Section  225.  The  board  of  health  of  the  city  of  Mount 
Vernon  shall  have  power  to  regulate  and  prescribe  plans 
and  methods  for  plumbing  and  drainage  of  property  situated 
in  said  city.  Whenever  said  board  of  health  shall  so  require 
the  drainage  and  plumbing  of  all  buildings  and  of  all  prem- 
ises of  the  city  of  Mount  Vernon,  shall  be  done  in  accord- 
ance w^ith  the  rules,  regulations  and  requirements  of  the 
board  of  health  in  relation  thereto,  and  in  accordance  with 
plans  previously  approved  in  writing  by  such  board  or  per- 
son by  it  duly  appointed  for  such  purpose,  after  suitable 
••  drawings  and  description  of  said  plumbing  and  drainage 
in  each  case  shall  have  been  placed  on  file  with  the  secre- 
tary of  said  board. 

Section  226.     (Repealed). 

TITLE  XI. 
Of  the  poor. 

Section  227.  All  laws  now  in  force  not  inconsistent 
with  the  provisions  of  this  act,  appHcable  to  overseers  of  the 
poor  in  towns  shall  apply  to  the  commissioner  of  charities, 
and  such  commissioner  of  charities  shall  have  and  possess 
all  the  powers  which  overseers  of  the  poor  of  towns  now 
have  or  which  may  hereafter  be  conferred  upon  them. 

Section  228.  The  Common  Council  may  by  ordinance 
prescribe  the  duties  of  such  commissioner  of  charities  in  re- 
lation to  the  temporary  aid  and  assistance  to  the  poor,  and 
may  appropriate  such  moneys  for  such  purpose  as  it  shall 
deem  proper. 


125 

TITLE  XII. 
Of  the  school  district  and  board  of  education. 

Section  229.  All  the  territory  included  within  the 
boundaries  of  the  city  of  Alount  Vernon  shall  hereafter  con- 
stitute a  seperate  school  district  within  this  state,  and  shall 
be  designated  as  "the  school  district  of  the  city  of  Mount 
Vernon."  Such  district  shall  be  entitled  to  all  the  rights, 
powers,  privileges,  public  moneys  and  other  benefits  con- 
ferred by  law,  or  other  state  authority,  upon  school  dis- 
tricts, and  shall  be  subject  to  all  the  rules,  regulations, 
powers  of  inspection  and  superintendence,  prescribed  by 
law,  applicable  to  school  districts  in  cities,  except  as  other- 
wise hereinafter  prescribed.  (As  amended  by  the  Laws  of 
1894,  Chapter  10). 

Section  229-a.  The  affairs  of  said  school  district  of 
the  city  of  Mount  Vernon  shall  be  managed  by  a  board 
composed  of  two  members  from  each  ward  of  said  city,  and 
a  president  at  large  to  be, elected  in  the  manner  in  this  act 
provided,  which  board  shall  be  known  and  designated  as  the 
''board  of  education  of  the  city  of  Mount  Vernon."  Such 
board  and  its  successors,  shall  possess  all  the  powers  con- 
ferred, and  discharge  ail  the  duties  imposed  by  this  act,  or 
by  any  general  law  of  this  state  relating  to  school  districts 
in  cities,  or  relating  to  the  board  of  education  of  such  dis- 
trict, and  not  inconsistent  with  the  provisions  of  this  act. 
(As  amended  by  the  Laws  of  1894,  Chapter  10). 

Section  229-b.  The  board  of  education  of  the  city  of 
Mount  Vernon  shall  have  the  power,  subject  to  the  pro- 
visions of  this  act,  to  purchase,  take,  lease,  hold  or  improve 
any  real  or  personal  estate,  in  trust  for  said  school  district 
of  said  city,  for  the  support  and  maintenance  of  public 
schools,  or  for  any  of  the  purposes  of  education  in  said  city. 
It  may  also  take,  by  gift,  grant,  bequest  or  devise,  and  hold 
any  real  estate  or  personal  estate  in  trust  for  any  of  the 
purposes  of  education,  art,  or  the  purchase,  support  or  main- 
tenance of  public  libraries  in  said  city,  upon  such  terms  as 
may  be  prescribed  by  the  donor  or  donors  and  accepted  by 
said  board,  and  it  may  execute  any  trust  for  any  of  the  pur- 


126 

poses  aforesaid,  and  provide  for  the  proper  execution  there- 
of. The  title  of  all  the  school-houses,  sites  and  lots  located 
within  the  boundaries  of  the  city  of  Mount  Vernon,  and 
personal  property  appertaining  to  the  school-houses  situated 
within  said  city,  heretofore  belonging  to  or  in  the  posses- 
sion of  school  districts  numbered  "one,  two,  four  and  five, 
in  the  town  of  Eastchester,  shall  be  and  is  hereby  vested  in 
the  school  district  of  the  city  of  Mount  Vernon;  and  said 
school  districts,  being  wholly  or  in  part  within  the  boundaries 
of  said  city,  are  each  dissolved ;  and  such  districts  or  portions 
thereof  as  are  within  the  boundaries  of  said  city  are  con- 
soHdated  and  constituted,  as  hereinbefore  provided,  into 
the  school  district  of  the  city  of  Mount  Vernon ;  and  all  such 
parts  or  portions  of  said  districts  as  are  not  within  the 
boundaries  of  said  city  shall  continue  to  remain  as  independ- 
ent and  separate  school  districts,  as  though  this  act  had  not 
been  passed,  until  they  may  be  annexed  to  such  an  adjoining 
district  in  said  town  of  Eastchester,  as  the  school  commis- 
sioner of  the  first  school  commissioner  district  of  the  county 
of  Westchester  may  designate,  subject  to  an  appeal  to  the 
superintendent  of  public  instruction  of  this  state. 

The  trustees  of  school  districts  numbers  one,  two,  four 
and  five,  of  the  town  of  Eastchester,  who  do  not  reside  in 
said  city  of  Mount  Vernon,  shall  continue  to  discharge  the 
duties  of  their  respective  ofifices  during  the  remainder  of 
the  terms  thereof,  or  until  the  remaining  portions  of  such 
district  or  districts  are  annexed  to  and  form  a  part  of  some 
other  district  in  said  town,  as  hereinbefore  provided,  and 
said  trustees  residing  outside  of  said  city  are  hereby  em- 
powered to  fill  any  vacancy  or  vacancies  which  shall  occur 
in  any  of  the  offices  of  their  respective  boards  of  education 
by  reason  of  the  act  until  the  next  regular  school  election 
in  their  respective  districts,  when  such  vacancies  shall  be 
filled  by  election  for  the  balance  of  the  unexpired  term  of 
such  respective  offices.  In  the  event  of  any  portion  of  any 
one  of  said  districts  one,  two,  four  or  five  being  annexed  to 
any  other  portion  of  said  districts  lying  outside  of  said  city, 
then  the  terms  of  office  of  all  the  trustees  of  such  districts 


127 

SO  annexed  shall  cease  and  expire.     (As  amended  by  the 
Laws  of  1894,  Chapter  10). 

Section  229-c.  Immediately  following-  the  passage  of 
this  act,  the  comity  judge  of  Westchester  county,  by  desig- 
nation in  writing  to  be  signed  by  him  and  filed  in  the  office 
of  the  city  clerk  of  said  city  of  Mount  Vernon, -shall  appoint 
five  persons,  who  upon  such  appointment  shall  constitute  a 
special  committee  to  take  account  of  the  real  and  personal 
property,  school  houses,  sites  and  lots,  held  in  trust,  for  the 
purposes  of  education,  by  the  trustees  or  board  of  education 
of  the  several  school  districts  herein  enumerated  at  the  time 
of  the  consolidation  hereby  prescribed;  and  said  committee 
shall  ascertain,  by  reference  to  the  report  of  the  board  of 
education  of  the  city  of  Mount  Vernon,  as  hereinafter  di- 
rected to  be  made,  how  much  of  such  real  and  personal 
property  subsequently  became  vested  in  the  school  district 
of  the  city  of  Mount  Vernon  under  the  provisions  of  this  act, 
and  how  much  of  such  property  remains  outside  the  bound- 
aries of  the  city  of  Mount  Vernon,  and  in  the  possession  of 
the  school  districts,  or  any  of  them,  of  the  town  of  East- 
chester.  Such  committee  shall  thereupon,  subject  to  the  ap- 
proval of  the  superintendent  of  public  instruction  of  this 
state,'  adjust  the  values  of  such  property  equitably  among- 
the  school  districts  in  interest,  directing  what  sum  or  sums 
of  money,  if  any,  are  to  be  paid  to  or  received  by  any  of  the 
school  districts  hereby  afifected,  whether  of  the  town  of 
Eastchester,  or  the  city  of  Mount  Vernon,  as  compensation 
for  or  in  satisfaction  of  property  transferred  or  acquired  un- 
der the  provisions  of  this  act.  And  the  sum  or  sums  of 
money  so  directed  to  be  paid,  if  approved  by  the  superin- 
tendent of  public  instruction  of  the  state,  shall  become  a 
charge  against  the  school  district  or  districts  found  indebted, 
and  the  amount  assessed  shall  be  included  in  the  next  suc- 
ceeding annual  statement  of  moneys  required,  submitted  by 
the  trustees  or  boards  of  education  under  existing  laws  or 
under  the  provisions  of  this  act,  and  when  collected  shall 
be  paid  over  to  the  treasurer  of  the  respective  school'  dis- 


128 

tricts  which  may  be  entitled  thereto.  (As  amended  by 
Chapter  lo,  Laws  of  1894). 

Chapter  243,  Laws  1895,  Section  i.  Each  commission- 
er designated  or  appointed  pursuant  to  the  provisions  of 
section  two  hundred  and  twenty-nine  (c)  of  chapter  ten  of 
the  laws  of  eighteen  hundred  and  ninety-four,  entitled  ''An 
act  to  amend  chapter  one  hundred  and  eighty-tw^o  of  the 
laws  of  eighteen  hundred  and  ninety-two,  entitled  "An  act 
to  incorporate  the  city  of  Mount  Vernon,"  shall  be  entitled 
to  demand  and  receive  as  compensation  for  services  so  ren- 
dered, the  sum  of  two  hundred  and  fifty  dollars,  and  for  the 
purpose  of  providing  funds  with  wdiich  to  make  payments 
the  board  of  education  of  the  city  of  Mount  Vernon,  as  at 
present  constituted,  shall  insert  in  the  school  budget  to  be 
made  next  ensuing  after  the  passage  of  this  act  the  sum  of 
eight  hundred  and  fifty  dollars.  The  board  of  education  of 
school  district  number  one  of  the  town  of  Eastchester,  as 
at  present  constituted,  shall  insert  in  their  budget,  to  be 
made  next  ensuing  after  the  passage  of  this  act,  the  sum  of 
one  hundred  dollars.  The  board  of  education  of  school  dis- 
trict number  two  of  the  town  of  Eastchester,  as  at  present 
constituted,  shall  insert  in  their  budget,  to  be  made  next 
ensuing  after  the  passage  of  this  act,  the  sum  of  one. hun- 
dred and  fifty  dollars.  The  board  of  education  of  school  dis- 
trict number  four  of  the  town  of  Eastchester,  as  at  present 
constituted,  shall  insert  in  their  budget,  to  be  made  next 
ensuing  after  the  passage  of  this  act,  the  sum  of  one  hun- 
dre(;J  and  fifty  dollars,  and  the  said  various  boards  of  educa- 
tion herein  named,  shall  pay  said  respective  sums  of  money 
when  the  same  shall  have  been  levied  and  collected  as  re- 
quired by  law  over  to  the  treasurer  of  the  city  of  Mount 
Vernon,  who  shall  pay  the  same,  when  received  by  him, 
over  to  said  commissioners  as  and  for  their  compensation 
as  provided  in  this  act.  (As  amended  by  the  Laws  of  1895, 
Chapter  243). 

Section  229-d.  The  Board  of  Supervisors  of  West- 
chester county  shall,  at  their  first  annual  session  after  the 
passage  of  this  act,  proceed  to  inquire  and  determine  the 


129 

amount  of  uncollected  tax  for  school  purposes  that  was,  at 
the  date  of  the  passage  of  this  act,  assessed  and  confirmed 
against  the  real  property  in  the  territory  covered  by  the 
several  school  districts  hereby  affected.  Of  the  amount  so 
ascertained  the  said  board  shall  determine  how  much  should 
be  equitably  paid  to  the  school  district  of  the  city 'of  Mount 
Vernon  as  created  by  this  act,  and  how  much  to  such  of 
the  school  districts  of  the  town  of  Eastchester  as  were  for- 
merly parts  of  the  school  district  hereby  consolidated  and 
made  the  school  district  of  the  city  of  Mount  Vernon.  In 
determinmg  the  proportions  of  the  school  tax  to  be  paid 
as  aforesaid,  to  the  several  school  districts,  the  Board  of 
Supervisors  shall  be  governed  by  the  assessed  valuation  of 
property,  subject  to  school  tax,  located  within  such  school 
districts  as  they  existed  before  the  passage  of  this  act,  and 
the  proportion  of  school  tax,  uncollected  at  date  of  the 
passage  of  this  act,  to  be  paid  to  such  of  the  school  dis- 
tricts of  the  town  of  Eastchester  as  were  formerly  parts  of 
the  school  districts  hereby  consolidated,  shall  bear  propor- 
tion to  the  assessed  valuation  of  the  real  property  in  such 
school  districts  of  town  of  Eastchester,  and  outside  the 
boundaries  of  the  consolidation  school  district  of  the  city 
of  Mount  Vernon.  (As  amended  by  the  Laws  of  1894, 
Chapter  10). 

Section  229-e.  On  the  second  Tuesday  following  the 
date  when  this  act  shall  take  effect,  the  members  of  the 
board  of  education  of  union  free  school  districts  numbers 
one,  two,  four  and  five  of  the  town  of  Eastchester,  then  re- 
siding within  the  boundaries  of  the  city  of  Mount  Vernon, 
shall  assemble  at  the  Fifth  avenue  schoolhouse,  situated  on 
lifth  avenue  near  Second  street  in  said  city,  at  eight  p.  m. 
of  that  day;  and  such  oi  their  number  as  shall  so  assemble 
shall  then  and  there  organize  by  the  election  of  one  of  their 
number  as  president,  and  some  suitable  person,  not  of  their 
number  but  who  shall  be  a  resident  of  said  city,  as  clerk, 
who  shall,  by  virtue  of  his  office,  act  as  secretary  and  keep 
the  minutes  and  accounts  of  said  board;  and  thereupon 
and  thereafter  such  members  of  said  boards  of  education  and 


130 

trustees  so  organized  shall  be  known  and  designated  as  and 
shall -become  and  be  and  possess  all  the  powers  and  dis- 
charge all  the  duties  of  the  "board  of  education  of  the  city  of 
Mount  Vernon,"  as  provided  by  this  act;  and  thereupon  the 
terms  of  office  of  all  the  trustees  of  said  school  districts  one, 
two,  four  and  five  residing  in  said  city  shall  cease  and  expire. 

At  a  special  school  election  for  the  city  of  Mount  Ver- 
non to  be  held  within  thirty  (30)  days  after  the  passage  of 
this  act,  notice  of  which  shall  be  given  by  said  board  of 
education  of  the  city  of  Mount  Vernon,-  as  hereinafter  pro- 
vided, there  shall  be  elected^  by  the  persons  residing  within 
said  city  qualified  to  vote  for  school  officers  under  the  gen- 
eral school  laws  of  this  state,  a  president  of  said  board 
of  education  of  the  city  of  Mount  Vernon,  who  shall  hold 
office  for  the  term  of  four  years.  And  also  at  such  special 
election  there  shall  be  elected,  by  the  persons  residing  in 
the  respective  w^ards  .of  said  city  who  shall  be  qualified  un- 
der the  general  school  laws  of  the  state  to  vote  for  school 
officers,  two  members  of  said  board  of  education,  to  be 
known  as  trustees,  one  of  which  in  each  ward  shall  be  elected 
for  a  term  of  two  years,  and  the  other  for  a  term  of  four 
years;  and  at  each  regular  school  election  thereafter  to  be 
held,  as  hereinafter  provided,  there  shall  be  elected  one 
member  of  said  board  of  education  in  each  w^ard  of  said  city, 
whose  term  of  office  shall  be  for  four  years,  in  place  of 
the  trustees  from  each  ward  whose  term  of  office  shall  next 
thereafter  expire ;  and  at  each  alternate  regular  school  elec- 
tion thereafter  to  be  held,  there  shall  be  elected,  by  the  city 
at  large,  a  president  of  said  board,  whose  term  of  office  shall 
be  four  years,  in  place  of  the  president  whose  term  of  office 
shall  next  thereafter  expire.  The  said  board  of  education 
shall  designate  at  least  five  polling  places  in  as  many  separ- 
ate w^ards  in  said  city  as  the  polling  places  for  holding  elec- 
tions for  school  officers,  and  the  particular  ward  for  which 
each  polling  place  shall  serve. 

Notice  of  such  special  election,  and  of  all  subsequent 
elections  to  be  held  under  this  act,  shall  be  given  by  said 
board  of  education  of  the  citv  of  Mount  \'ernon,  bv  a  no- 


131 

tice  to  be  signed  by  its  president  and  clerk,  which  shall 
specify  the  time  of  holding  such  election  and,  the  location 
of  the  several  polling  places,  and  the  ward  to  which  each 
polling  place  is  assigned.  It  shall  also  specify  the  number 
and  office  of  members  of  said  board,  with  their  respective 
terms  of  office,  to  be  elected  thereat.  Such  notice  shall  be 
published  in  the  official  city  newspapers  at  least  once  in  each 
week  for  three  successive  weeks  immediately  preceding  sucH 
election.  The  inspectors  of  election  of  the  several  election 
districts,  wherein  such  polling  places  are  situated  respective- 
ly, and  who  are  authorized  to  hold  and  conduct  elections  in 
said  city  at  the  time  of  holding  such  school  elections,  shall 
preside  and  hold  said  school  elections  in  their  respective 
districts.  The  clerk  of  said  board  of  education  shall,  at  least 
ten  days  before  the  date  of  such  school  elections,  notify  the 
inspectors  of  election  districts  in  which  polling  places  are 
situated,  by  notice  mailed  to  each  of  them  in  the  post-of- 
fice of  said  city,  of  every  such  election  and  the  polling  places 
designated  by  said  board. 

The  inspectors  of  election  in  each  of  said  election  dis- 
tricts shall  preside  and  conduct  such  school  elections  at  the 
places  in  their  respective  districts  designated  as  aforesaid; 
and  their  powers  and  duties  in  respect  thereto  shall  be  de- 
termined and  regulated  by  the  provisions  relating  to  the 
holding  of  the  annual  city  elections  for  city  officers,  except 
as  modified  by  this  act. 

The  regular  election  for  school  officers  in  said  city, 
under  this  act,  after  said  first  election,  shall  b,e  held  on  the 
first  Tuesday  of  June,  eighteen  hundred  and  ninety-six,  and 
biennially  thereafter  on  the  first  Tuesday  of  June  in  each 
alternate  year. 

Said  first  election,  and  all  subsequent  elections  for 
school  officers,  shall  be  opened  at  three  o'clock  in  the  after- 
noon and  shall  be  kept  open,  without  intermission  or 
adjournment,  until  nine  o'clock  in  the  evening,  when  the 
same  shah  be  finally  closed,  and  the  inspectors  of  election 
shall  forthwith,  without  adjournment,  canvass  all  votes  cast, 
declare  and  make  duphcate  certificates  of  the  result,  as  re- 


132 

quired  in  the  general  city  elections,  and  file  such  duplicate 
certificate  within  twenty-four  hours  thereafter,  one  with  the 
clerk  of  the  board  of  education  of  said  city,  and  the  other 
with  the  clerk  of  said  city. 

At  such  elections  there  shall  also  be  elected,  when 
necessary,  in  the  respective  wards,  such  other  member  of  the 
board  of  education  as  required  to  fill  a  vacancy  that  may 
have  occurred  during  the  preceding  year,  the  member  so 
elected  being  entitled  only  to  fill  the  unexpired  term  of  the 
member  who  may  have  resigned,  refused  to  serve,  died  or 
been  removed.  In  case  of  members  of  the  board  elected  to 
fill  vacancies  as  herein  described,  their  names  upon  the  bal- 
lots to  be  voted  must  be  accompanied  by  the  words :  "To 
fill  the  unexpired  term  of resigned,"  or  "re- 
fused to  serve,"  "died"  or  "removed,"  as  the  case  may  be. 
The  members  of  the  board  of  education  who  shall  be  elected 
by  the  electors  of  the  respective  wards,  under  the  provi- 
sions of  this  section,  shall  be  residents  of  and  freeholders 
in  such  wards  during  their  respective  terms.  They  shall  re- 
ceive no  compensation  for  their  services  as  members  of  sudi 
board.     (As  amended  by  the  Laws  of  1894,  Chapter  10). 

Section  229-f.  On  the  day  following  the  first  school 
election,  and  on  the  days  following  the  regular  school  elec- 
tions to  be  held  under  this  acj;,  the  board  of  education  of 
said  city  shall  convene  at  eight  o'clock  in  the  evening,  at  its 
usual  place  of  meeting,  and  all  the  certificates  of  tlie  votes 
cast  at  each  of  the  polling  places  designated  as  aforesaid 
shall  be  produced  and  said  board  of  education  shall  forth- 
with proceed  to  canvass  such  certificates,  declare  the  result 
thereof,  and  shall  cause  a  statement  of  the  whole  number  of 
votes  cast  for  each  candidate  to  be  entered  on  its  minutes, 
shall  declare  those  persons  elected  who  have  received  the 
greatest  number  of  votes,  and  shall  immediately  thereafter 
make  a  certificate  in  writing  of  all  those  who  are  duly  elect- 
ed, to  be  signed  by  its  president  and  clerk,  and  cause  the 
same  to  be  filed  within  twenty-four  hours  in  the  office  of  the 
city  clerk,  and  it  shall  be  the  duty  of  the  city  clerk,  within 
five  days  thereafter,  to  notify  the  several  persons  so  duly 


133 

elected  of  their  election.  The  persons  so  elected  shall,  with- 
in fifteen  days  after  the  filing  of  such  certificate  of  election 
as  aforesaid,  take  the  constitutional  oath  of  office,  and  file 
the  same  within  the  said  fifteen  days  in  the  office  of  the  city 
clerk;  and  every  person  who  neglects  within  said  last  men- 
tioned period  to  take  and  file  said  oath  of  office  shall  be 
deemed  to  have  declined  the  office,  and  it  shall  be  vacant. 
(As  amended  by  the  Laws  of  1894,  Chapter  10). 

Section  229-g.  The  term  of  office  of  each  school  of- 
ficer elected  under  the  provisions  of  this  act  shall  commence 
on  the  second  Monday  of  August  next  following  his  elec- 
tion; and  on  the  second  Monday  of  August  next  following 
the  passage  of  this  act,  the  board  of  education  of  the  city 
of  Mount  Vernon,  as  constituted  for  the  preceding  year, 
shall  be  dissolved  and  the  terms  of  office  of  all  the.  trustees 
or  members  of  the  board  of  education  of  school  districts 
one,  two,  four  and  five  of  the  town  of  Eastchester,  then  re- 
siding within  the  boundaries  of  the  city  of  Mount  Vernon, 
shall  cease  and  expire,  and  the  persons  to  be  elected  at  said 
first  school  election,  after  duly  qualifying,  as  hei'einbefore 
provided,  and  their  successors  in  office,  shall  thereafter  con- 
stitute the  board  of  education  of  said  city. 

A  majority  of  the  trustees  of  said  board  of  education 
shall  constitute  a  quorum.  In  the  proceedings  of  the  board 
of  education  the  president  shall  preside  over  its  meetings; 
and  each  member  thereof  present  shall  have  a  vote  except 
the  president,  who  shall  have  only  a  casting  vote  when  the 
votes  of  the  other  members  are  tied.  Every  school  officer 
shall  at  the  time  of  his  election  and  during  his  term  of  office 
be  a  resident  and  freeholder  of  the  city,  and  every  trustee 
removing  from  the  ward  from  which  he  was  elected,  and 
every  school  officer  removing  from  the  city,  shall  thereby 
vacate  his  office. 

All  school  property  located  within  the  boundaries  of 
said  city,  as  well  as  all  powers,  privileges  and  contracts  exer- 
cised and  enjoyed  by  and  all  duties,  obligations  and  liabilities 
of  said  trustee  or  boards  of  education  of  the  school  districts 
herein  enumerated,  except  as  herein  provided,  are  hereby 


134 

transferred  to,  vested  and  imposed  upon  said  board  of  educa- 
tion of  the  city  of  Mount  Vernon,  constituted  and  organized 
as  aforesaid;  and  said  board  shall  be  held  to  have  actual 
possession  and  be  seized  of  all  such  property,  rights  and 
contracts,  in  trust  for  said  school  district  of  the  city  of 
Mount  Vernon,  for  school  purposes  as  hereinbefore  pro- 
vided; and  the  rights  and  privileges  of  all  persons  or  parties 
that  may  have  arisen  or  accrued  under,  pursuant  to,  or  by 
virtue  of  any  contract,  rule  or  regulation,  as  well  as  any 
liability  that  may  have  arisen  by  reason  thereof,  except  as 
hereinafter  provided,  shall  remain  and  be  in  force  by  or 
against  said  board  of  education  of  the  city  of  Mount  Ver- 
non and  their  successors,  in  the  same  manner  and  with  like 
effect  as  might  have  been  done  by  or  against  the  trustees  or 
boards  of  education  of  said  school  districts,  or  their  or  each 
of  their  successors,  as  if  this  act  had  not  been  passed.  All 
books  of  record,  account  or  instruction,  and  all  documents 
and  papers  of  whatever  nature,  that  pertain  to  any  of  the 
schools  within  the  boundaries  of  the  city  of  Mount  Vernon, 
and  are  in  possession  of  the  trustees  or  boards  of  education 
of  the  several  school  districts  herein  enumerated  at  the  time 
of  the  passage  of  this  act,  shall  be  turned  over  and  delivered 
to  the  board  of  education  of  the  city  of  Mount  Vernon  upon 
its  organization.  (As  amended  by  the  Laws  of  1894,  Chap- 
ter 10). 

Section  229-h.  The  trustees  of  school  districts  num- 
bers one,  two,  four  and  five  of  the  town  of  Eastchester  shall 
make  out  and  deliver  to  the  board  -of  education  hereby 
created,  at  the  first  meeting,  a  detailed  statement  of  their 
several  districts,  showing  all  the  school  property,  both  per- 
sonal and  real,  in  their  several  school  districts,  and  the  esti- 
mated value  thereof,  the  number  of  schoolhouses  in  their 
districts,  the  size  thereof  and  the  materials  of  which  the 
same  are  built,  the  departments  into  which  the  schools  are 
divided,  and  the  average  attendance  of  each  school  and  de- 
partment, the  number  of  volumes  in  the  school  library,  the 
number  and  names  of  the  teachers  employed  in  each,  their 
rank  and  the  salaries  paid  to  each ;  the  balance  on  hand  at 


135 

the  time  of  their  annual  report,  the  amount  of  money  or- 
dered to  be  raised  at  the  last  meeting  of  the  district,  and  the 
purposes  for  which  it  was  appropriated ;  the  receipts  and  ex- 
penditures of  said  trustees  since  said  last  annual  meeting; 
the  amount  of  money  due  and  owing  to  the  district,  the 
amount  of  indebtedness  of  the  district,  and  such  other  facts 
as  they  may  deem  necessary  to  make  a  full  and  complete 
statement  of  the  condition  of  the  schools  in  their  several 
districts. 

Immediately  upon  the  organization  of  the  board  of 
education  of  the  city  of  Mount  Vernon,  as  hereinbefore  pre- 
scribed, said  board  shall  proceed  to  the  discharge  of  its 
appropriate  duties.  It  shall  provide  and  appoint  a  place 
for  its  further  meetings,  which  shall  be  held  as  often  as 
once  in  each  calendar  month.  It  shall  adopt  proper  rules 
and  regulations  for  such  meetings  and  the  dispatch  of  its 
business,  and  for  the  appointment  of  such  committees  as  it 
may  deem  advisable.  It  shall  appoint  a  clerk,  as  hereinbe- 
fore provided,  who  shall  hold  office  during  the  pleasure  of 
the  boardj  and  whose  compensation  shall  be  fixed  by  such 
board.  The  clerk  shall  keep  an  accurate  record  of  the  pro- 
ceedings of  said  board,  and  shall  perform  such  other  duties 
as  the  board  may  prescribe.  Said  board  shall,  within  fifteen 
days  after  its  first  organization,  prepare  a  report  of  all 
the  real  and  personal  property  acquired  by  it  under  the  pro- 
visions of  this  act,  specifying  the  location  and  approximate 
value  thereof,  which  report  shall  be  transmitted  to  the 
special  committee  directed  to  be  appointed  in  section  two 
hundred  and  twenty-nine  (c)  of  this  act.  Said  board  of 
education  shall  also  proceed  to  make,  and  as  soon  as  prac- 
ticable complete,  a  statement  and  account  of  all  the  funds  in 
hand,  collected  or  in  process  of  collection,  in  each  of  the 
school  districts  consolidated  under  this  act,  with  the  pro- 
portion thereof  that  should  come  into  the  possession  of  the 
said  board  by  virtue  of  this  act;  and  of  all  the  debts  and 
liabilities  owing,  contracted  or  incurred  by  each  of  said 
districts,  showing  the  proportion  thereof  that  should  b.ecome 
a  charge  against  the  school  district  of  the  city  of  Mount 


136 

Vernon.  Copies  of  such  statement  shall  he  transmitted  to 
the  Common  Council  of  the  city  of  Mount  Vernon,  the  said 
special  committee  created  as  above  provided,  and  the  super- 
mtendent  of  public  instruction  of  this  state.  Said  board 
shall  proceed  to  collect  such  outstanding  accounts  as  pertain 
to  the  schools  or  school  property  within  the  boundaries  of 
the  city  of  Mount  Vernon,  and  such  portion  of  the  outstand- 
ing school  tax  as  the  Board  of  Supervisors  of  Westchester 
county  shall  under  the  provisions  of  this  act,  apportion  to 
said  school  district  of  the  city  of  Mount  Vernon.  Said 
board  of  education  shall  also  proceed  to  settle  and  liquidate 
the  debts  and  liabilities  of  said  districts  that  have  been 
incurred  upon  or  on  accoufit  of  the  schools  or  school  prop- 
erties located  within  the  boundaries  of  the  city  of  Mount 
Vernon;  and  such  debts  and  liabilities  of  said  school  dis- 
tricts as  pertain  to  or  have  been  incurred  upon  or  on  account 
of  school  and  school  properties  remaining  outside  the  boun- 
daries of  the  city  of  Mount  Vernon,  shall  be  apportioned  as 
charges  against  the  school  districts  of  the  town  of  East- 
chester  that  may  be  formed  from  the  parts  or  portions  of 
school  districts  hereinbefore  enumerated,  by  the  school 
commissioners  of  the  first  school  commissioner's  district  of 
Westchester  county,  under  the  provisions  of  section  two 
hundred  and  twenty-nine  (b).  (As  amended  by  the  Laws  of 
1894,  Chapter  10). 

Section  229-i.  Subject  to  the  provisions  of  this  act, 
the  board  of  education  of  the  city  of  Mount  Vernon  shall 
have  power,  and  it  shall  be  its  duty : 

1.  To  establish  and  organize,  in  said  city,  such  and  so 
many  free  schools,  including  night  schools,  as  said  board 
shall  deem  requisite  and  expedient,  and  to  change  or  discon- 
tinue the  same  at  its  discretion. 

2.  To  establish  and  maintain,  whenever  it  shall  be 
deemed  expedient  so  to  dOj  within  the  limits  of  the  school 
district  hereby  created,  a  high  school,  to  which  graduates 
from  the  free  schools  of  said  district  shall  be  admitted  for 
a  course  of  instruction  to  be  regulated  by  the  board  of  edu- 
cation. 


I 


137 

3.  To  organize,  establish  and  maintain  school  saving- 
banks  under  the  authority  of,  and  in  conformity  with,  any 
general  law  of  the  state  in  regard  to  such  or  similar  in- 
stitution. 

4.  To  purchase  or  hire,  sell  or  dispose  of,  school- 
houses,  lots  or  sites,  to  alter,  improve  and  repair  school- 
houses  and  appurtenances  as  may  be  deemed  advisable. 

5.  To  purchase,  exchange,  improve  and  repair  school 
apparatus,  books,  furniture  and  appendages,  and  to  defray 
the  necessary  expense  attending  the  same. 

6.  To  have  the  custody  and  safe-keeping  of  the  school 
buildings,  lots,  out-houses,  books,  furniture  and  appendages, 
and  to  see  that  the  ordinances  and  by-laws  of  said  city  in 
regard  thereto  are  enforced,  and  any  violation  thereof  pun- 
ished. 

7.  To  contract  with  and  employ  a  superintendent  of 
instruction  for  said  city,  and  fix  his  compensation;  to  con- 
tract with  and  employ  all  necessary  teachers  for  the  schools 
of  the  city,  and  at  pleasure  to  remove  them  or  any  of  them, 
or  the  superintendent  of  instruction,  under  such  rules  and 
regulations  as  may  be  established  by  law,  or  by  the  depart- 
ment of  public  instruction  of  the  state.  And  nothing  in 
section  two  hundred  and  twenty-nine  (g)  of  this  act  shall 
be  construed  to  prevent  the  exercise  of  the  power  hereby 
conferred  upon  the  board  of  education. 

8.  To  pay  the  salaries  of  superintendent  and  teachers 
out  of  any  moneys  appropriated  or  provided  by  law  for  that 
purpose. 

9.  To  defray  the  necessary  contingent  expenses  of  the 
board  and  district,  including  the  wages  of  clerk,  janitors  and 
other  assistants  and  employes,  and  incidental  expenses. 

10.  To  expend  all  moneys  raised  by  virtue  of  this  act, 
or  which  may  have  been  previously  raised  by  any  of  the 
districts  consolidated  hereby,  for  purchasing  sites,  erecting 
or  enlarging  schoolhouses,  or  for  other  purposes,  in  such 
manner  as  may  be  deemed  advisable,  but  only  for  the  pur- 
pose for  which  the  same  was  raised;  and  the  expenditures 
herein  directed  apply  only  to  school  property  located  within 


138 

the  boundaries  of  the  city  of  Mount  Vernon,  outside  which 
the  board  of  education  hereby  created  has  neither  authority 
nor  jurisdiction. 

II.  To  take  and  appropriate  land  and  other  real  prop- 
erty within  said  city  for  school  purposes,  when  authorized 
so  to  do,  upon  making  compensation  therefor,  in  the  same 
manner  and  under  the  same  proceedings  as  prescribed  and 
conferred  upon  the  Common  Council  of  the  city  of  Mount 
Vernon,  in  the  matter  of  improvements,  by  section  one  hun- 
dred and  seventy  of  title  seven  of  chapter  one  hundred  and 
eighty-two,  of  the  laws  of  eighteen  hundred  and  ninety- 
two.    (As  amended  by  Laws  of  1894,  Chapter  10.) 

12.  To  license  all  teachers  employed  in  the  schools 
thereof  in  the  same  manner  and  with  like  effect  in  said  city 
as  school  commissioners  of  counties.  (As  amended  by 
Chapter  189,  Laws  1895). 

13.  To  have,  to  the  exclusion  of  all  boards  and  offi- 
cers except  the  regents  of  the  university  and  the  superin- 
tendent of  public  instruction  of  the  state,  the  entire  super- 
vision and  management  of  the  public  schools  of  said  city, 
and  the  right,  from  time  to  time,  to  adopt,  alter,  modify  or 
repeal,  as  may  be  deemed  expedient,  rules  and  regulations 
for  their  organization,  government  and  instruction  for  the 
reception  of  pupils  and  their  transfer  from  one  school-room 
or  school-housp  to  another,  for  their  advancement  from  class 
to  class,  as  their  degree  of  scholarship  shall  warrant,  and 
generally  for  the  promotion  of  the  good  order  and  pros- 
perity of  said  schools.  (As  amended  by  the  Laws  of  1895, 
Chapter  189). 

14.  To  allow  the  children  of  persons  non-resident 
within  the  city  to  attend  any  of  the  schools  therein  under  the 
control  of  said  board,  upon  such  terms  as  said  board  may 
prescribe.    (As  amended  by  the  Laws  of  1894,  Chapter  10). 

15.  To  establish  and  maintain  a  free  public  library,  and 
to  provide  suitable  rooms  therefor,  to  employ  and  pay  a 
librarian  and  assistants  to  have  the  care  and  supervision  of 
the  books  and  other  publications  belonging  thereto,  and 
supervise  the  letting  out  and  return  thereof.     To  exercise 


139 

the  same  discretion  as  to  the  disposition  of  the  moneys  pro- 
vided by  law  for  the  purpose  of  libraries,  as  is  conferred 
upon  the  inhabintants  of  school  districts.  (As  amended  by 
the  Laws  of  i8q6,  Chapter  146). 

16.  Except  as  otherwise  provided  by  this  act,  to  exer- 
cise all  the  powers  conferred  upon  the  inhabitants  of  school 
districts  at  school  district  meetings.  (As  amended  by  the 
Laws  of  1894,  Chapter  iq). 

17.  Except  as  otherwise  provided  by  this  act,  to  exer- 
cise all  the  powers  conferred,  and  all  the  duties  imposed, 
by  the  general  laws,  of  this  state  appHcable  to  boards  of  edu- 
cation in  cities.  The  records  of  the  proceedings  of  said 
board,  or  a  transcript  thereof,  certified  by  its  president  and 
clerk,  shall  be  received  in  all  courts  or  places  as  prima  facie 
evidence  of  the  facts  therein  stated.  (As  amended  by  the 
Laws  of  1894,  Chapter  10). 

Section  229-j.  Within  thirty  days  after  the  first  organ- 
ization of  the  board  of  education  hereby  created,  and  on  or 
before  the  first  day  of  May  in  each  year  thereafter,  said 
board  shall  present  to  the  mayor,  or  acting  mayor,  of  the 
city  of  Mount  Vernon^  a  statement  of  such  moneys  as  it 
may  deem  necessary  for  each  of  the  following  purposes  un- 
til the  next  annual  statement,  namely : 

1.  For  wages  of  superintendent  and  teachers,  after  ap- 
plying such  of  the  public  school  and  other  moneys  as  may  be 
applicable  thereto.  (As  amended  by  the  Laws  of  1894, 
Chapter  10). 

2.  For  the  maintenance  of  a  high  school,  if  one  shall 
have  been  established,  and  the  payment  of  the  teachers 
thereof  after  applying  such  of  the  public  school  and  other 
moneys  as  may  be  applicable  thereto.  (As  amended  by  the 
Laws  of  1894,  Chapter  10). 

3.  For  the  repair  of  school-houses,  out-houses  and 
grounds  with  their  appendages  and  appurtenances.  (As 
amended  by  the  Laws  of  1894,  Chapter  10). 

4.  For  the  purchase,  repair  or  improvement  of  school 
apparatus,  books,  furniture  and  fixtures.  (As  amended  by 
the  Laws  of  1894,  Chapter  10). 


140 

5-  For  the  purchase,  maintenance  and  care  of  the  free 
pubHc  library  and  of  the  school  and  academic  libraries,  but 
not  to  exceed  ten  thousand  dollars  in  any  one  year.  (As 
amended  by  the  Laws  of  1907,  Chapter  165). 

6.  For  the  rent  of  school-houses  and  rooms  for  school 
purposes,  the  purchase  of  fuel  and  lights,  and  to  pay  the 
contingent  expenses  of  the  district,  including  the  wages  of 
clerk,  janitors,  and  other  assistants  and  employees,  and  in- 
cidental expenses.  (As  amended  by  the  Laws  of  1894, 
Chapter  10). 

7.  For  such  other  purposes  as  required  by  the  pro- 
visions of  this  act. 

If  the  mayor  or  acting  mayor  approves  such  statement, 
he  shall  sign  it,  and  immediately  file  the  same  with  the  city 
clerk;  if  he  does  not  approve  any  item  therein  he  shall, 
within  two  days,  return  the  statement,  with  his  objections 
indorsed  thereon  or  annexed  thereto,  to  the  president  or 
clerk  of  the  board  of  education.  Said  board  shall  then  pro- 
ceed to  reconsider  such  statement,  and  if  three-fifths  of  all 
the  members  then. in  office  agree  to  sustain  the  statement 
as  made,  it  shall  stand  as  if  it  had  been  approved  by  the 
mayor,  and  shall  be  immediately  filed  with  the  city  clerk. 
If  three-iifths  of  the  members  of  said  board  do.  not  agree 
to  sustain  the  statement  as  made,  it  shall  be  modified  so  as 
to  conform  to  the  views  expressed  by  the  mayor  in  his 
objections,  and  he  shall  then  sign  it  and  file  it  with  the  city 
clerk.  If  the  mayor  or  acting  mayor  fails  to  sign  a  state- 
ment of  moneys  required,  as  herein  provided,  or  fails  to 
return  such  statement,  with  his  objections  thereto,  to  the 
board  of  education,  wnthin  two  days  after  its  submission, 
said  statement  shall  be  filed  with  the  city  clerk  in  the  same 
manner  as  if  it  had  been  approved.  When  such  statement 
is  filed  with  the  city  clerk,  the  Common  Council  of  said  city 
shall  include  the  amount  therein  called  for  in  the  annual 
tax  and  assessment-roll  for  that  year,  and  the  amount  so 
certified  shall  be  collected  and  paid  to  the  city  treasurer 
who  will  credit  it  to  the  general  school  fund  of  the  board  of 
education.    All  public  moneys  or  public  funds  belonging  or 


141 

appropriated  to  the  use  of  said  district  shall  be  paid  to 
the  treasurer  of  said  city,  who  shall  keep  the  same  separate 
from  the  general  funds  of  the  city,  and  shall  credit  to  the 
school  fund  the  moneys  or  property  belonging  thereto.  The 
board  of  education  shall  disburse  all  the  funds  of  said  dis- 
trict by  orders  upon  the  treasurer,  signed  by  its  clerk  and 
:ountersigned  by  its  president.  Said  orders  shall  be  num- 
bered consecutively,  and  shall  specify  the  purpose  for  which 
they  are  drawn  and  the  person  to  whom  payable.  Upon 
the  request  from  said  board  the  treasurer  shall  certify,  from 
time  to  time,  the  balance  remaining  to  the  credit  of  said 
school  fund.  Whenever  any  moneys  are  collected  by  or  paid 
to  the  city  treasurer  for  school  purposes,  it  shall  not  be 
lawful  for  said  treasurer  to  apply  such  money,  or  any  part 
thereof,  to  any  other  purpose  or  object.  (As  amended  by 
the  Laws  of  1894,  Chapter  10). 

Section  229-k.  When  the  board  of  education  shall  de- 
termine by  resolution  that  it  is  necessary  to  purchase  any 
site  or  addition  to  any  site  for  a  school-house  or  play- 
ground or  to  erect  any  school  building  or  enlarge,  alter  or 
improve  any  school  building  already  erected,  it  shall  specify 
in  such  resolution  the  ward  within  which  each  of  such  sites 
is  to  be  purchased  and  each  of  such  buildings  is  to  be  erect-  ' 
ed,  enlarged,  altered  or  improved  and  the  particular  sum 
required  for  each  separately.  The  said  board  of  education 
shall  thereupon  give  notice  that  a  special  election  will  be  held 
in  said  city  of  Mount  Vernon  on  such  a  day  as  ^the  said 
board  of  education  shall  fix  and  determine.  Such  notice 
shall  be  signed  by  the  president  and  clerk  of  the  said  board 
of  education  and  shall  specify  the  time  of  holding  said  elec- 
tion. It  shall  also  specify  the  location  of  the  several  polling 
places  of  which  there  must  be  at  least  one  in  each  ward  of 
said  city,  and  it  shall  also  specify  the  ward  in  which  such 
polling  place  is  located.  The  said  polling  places  shall  be 
fixed  and  designated  by  a  resolution  of  the  said  board  of 
education.  The  said  notice  of  election  shall  be  published  in 
the  of^cial  city  newspapers  at  least  once  in  each  week  for 
two  successive  weeks  preceding  such  election.    The  inspec- 


142 

tors  of  election  of  the  several  election  districts  of  said  city 
wherein  said  polling  places  are  situated  respectively  and  who 
are  authorized  to  hold  and  conduct  elections  in  said  city 
at  the  time  of  holding  any  election  provided  for  in  this  sec- 
tion shall  preside  at  and  hold  said  elections  in  their  respec- 
tive districts  at  the  places  in  their  respective  districts  desig- 
nated as  aforesaid.  Their  power  and  duties  in  respect  there- 
to shall  be  determined  and  regulated  by  the  provisions  re- 
lating to  the  holding  of  elections  for  city  ofificers  in  said  city 
of  Mount  Vernon  except  as  modified  by  this  act.  The  clerk 
of  the  said  board  of  education  shall  at  least  ten  days  before 
the  date  of  any  such  election  notify  the  inspectors  of  elec- 
tion of  the  election  districts  in  which  said  polling  places  are 
situated  by  notice  mailed  to  each  of  them  in  the  post-office 
of  said  city,  of  every  such  election  and  the  polling  places 
therefor  designated  by  the  said  board  of  education.  The 
polls  shall  be  opened  at  three  o'clock  in  the  afternoon  and 
shall  be  kept  open,  without  intermission  or  adjournment 
until  nine  o'clock  in  the  evening,  when  the  same  shall  be 
finally  closed.  The  said  inspectors  of  election  shall  forth- 
with, without  adjournment  canvass  all  the  votes  or  ballots 
cast,  declare  the  result,  and  make  duplicate  certificates  of 
the  same  in  the  manner  required  in  the  elections  for  city  of- 
ficers in  said  city  and  file  such  duplicate  certificates  within 
twenty-four  hours  thereafter,  one  with  the  clerk  of  the  said 
board  of  education  and  the  other  with  the  clerk  of  said  city. 
The  board  of  education  shall  provide  and  deliver  to  the  said 
inspectors  of  election  at  each  of  the  said  polling  places 
before  the  opening  of  the  polls  sufficient  printed  ballots 
for  the  use  of  the  electors,  which  shall  be  indorsed  "school 
tax"  and  shall,  as  the  same  are  voted  be  deposited  in  a  bal- 
lot box  provided  therefor  and  marked  "school  tax."  Upon 
the  inside  of  such  ballots  shall  be  printed  the  several  items 
or  objects  to  be  voted  for,  with  the  words  "for"  and 
"against"  at  the  beginning  of  each  item.  Each  elector  shall 
indicate  his  vote  as  to  each  of  said  items,  by  erasing  or 
drawing  a  mark  through  the  one  or  the  other  of  said  words 


143 

''for"  and  "against."  The  inspectors  shall  canvass  the  said 
votes,  and  make  a  statement  thereof  in  respect  to  each  item 
voted  upon,  and  immediately  file  the  same  with  the  clerk  of 
the  board  of  education.  Within  three  days  following  such 
election  the  board  of  education  shall  convene  at  its-  usual 
place  of  meeting,  at  half-past  seven  o'clock  in  the  evening, 
and  the  statement  from  each  polling  place  shall  be  produced, 
and  the  board  shall  forthwith  declare  and  make  a  certificate 
in  writing  of  the  result.  In  case  a  majority  of  the  votes 
cast  be  in  favor  of  any  said  taxes,  the  board  of  education 
shall  have  authority  to  borrow,  upon  the  faith  and  credit  of 
said  city,  the  aggregate  of  the  items  having  such  majority, 
or  any  part  thereof,  at  any  time  before  and  until  the  same  can 
be  provided  for  according  to  law.  In  case  the  sum  or  sums 
so  authorized  to  be  raised  shall  exceed  the  sum  of  five 
thousand  dollars,  the  board  of  education  shall  issue  bonds  of 
the  city  of  Mount  Vernon  or  other  evidence  of  indebted- 
ness in  such  form  as  it  may  prescribe  for  the  amount  of  such 
sum  or  sums  at  a  rate  of  interest  not  exceeding  four  per 
centum  per  annum,  and  payable  at  such  times  as  the  said 
board  of  education  shall  fix  or  determine.  The  said  bonds 
shall  be  exempt  from  taxation.  Said  bonds  or  any  part 
thereof  may  be  sold  by  the  said  board  of  education  in  such 
manner  as  it  may  deem  best,  but  at  not  less  than  the  par 
value  thereof.  The  board  of  education  shall,  on  or  before 
the  first  day  of  May  in  each  year,  file  with  the  city  clerk  a 
statement  of  the  amount  necessary  to  be  raised  to  pay  the 
principal  that  will  become  due  during  the  ensuing  year  up- 
on the  bonds  or  obligations  so  issued  by  said  board,  and 
the  Common  Council  shall  include  the  same  in  the  annual 
city  tax  and  assessment-roll  for  that  year.  Such  amount 
shall  be  collected  and  paid  to  the  city  treasurer,  and  by  him 
credited  to  the  "loan  fund."  This  act  shall  not  be  construed 
to  affect  any  obligation  made  prior  to  the  passage  of  this 
act.  The  board  of  education,  after  completing  the  work  or 
other  objects  for  which  the  said  money  may  have  been  raised, 
may  apply  any  unexpended  balance  that  may  remain  to  any 


144 

object  authorized  or  contemplated  by  this  act.  (As  amend- 
ed by  the  Laws  of  1901,  Chapter  4)73). 

Section  2,  Chapter  473,  Laws  1901 : 

All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

Section  229-I.  It  shall  be  the  duty  of  the  board  of 
education,  at  least  thirty  days  before  the  annual  city  elec- 
tion for  city  officers  in  each  year,  to  make  to  the  mayor  and 
Common  Council  of  the  city  a  detailed  report  of  the  manner 
in  which  it  shall  have  expended  the*  money  provided  for  and 
appropriated  to  school  purposes  from  any  sources  during 
the  last  fiscal  year  of  the  board  of  education,  also  a  full  state- 
ment of  the  bonded  or  other  indebtedness  of  the  district 
and  such  report  shall  be  published  by  the  Common  Council 
in  connection  with,  and  as  a  part  of,  the  annual  report  of 
the  financial  transactions  of  the  city  which  they  are  required 
by  law  to  have  printed  and  circulated.  Said  board  of  edu- 
cation shall  also  make  report  to  the  superintendent  of  public 
instruction  of  the  state,  and  such  report  shall  be  made  in 
the  manner  and  at  such  times  as  he  may  direct.  (As  amend- 
ed by  the  Laws  of  1894,  Chapter  10). 

Section  229-m.  It  shall  be  the  duty  of  the  superinten- 
dent of  public  instruction  of  this  state  to  apportion  for  the 
use  of  the  said  board  of  education  of  the  city  of  Mount  Ver- 
non such  portion  of  the  school,  library  and  other  public 
money  as  it  shall  be  entitled  to  by  its  annual  report,  in  the 
same  manner  in  which  such  moneys  are  apportioned  to 
cities,  and  the  amounts  to  which  it  shall  be  so  entitled 
shall  Be  certified  to  the  county  treasurer  of  Westchester 
county.  The  said  county  treasurer  of  Westchester  county 
shall  pay  over  to  the  treasurer  of  the  city  of  Mount  Vernon, 
for  the  use  of  the  board  of  education  of  said  city,  such 
proportion  of  the  school,  library  and  other  public  money  as 
may  be  apportioned  by  law  or  by  the  superintendent  of  pub- 
lic instruction  of  the  state  to  the  board  of  education  of  the 
city  of  Mount  Vernon,  for  teachers'  wages,  library  and  other 
school  purposes.  (As  amended  by  the  Laws  of  1894,  Chap- 
ter 10). 


145 

Section  229-n.  The  Common  Council  of  the  city  of 
Mount  Vernon  shall  have  the  power,  and  it  shall  be  its  duty 
to  pass  such  ordinances  and  by-laws  as  the  board  of  educa- 
tion of  said  city  shall  report  necessary  for  the  protection, 
safe-keeping,  care  and  preservation  of  the  school  building's 
and  other  school  property  of  said  district,  and  to  impose 
such  penalties  for  the  violation  of  the  same  as  it  shall  deem 
proper.    (As  amended  by  the  Laws  of  1894,  Chapter  10). 

Section  229-0.  Charges  of  misconduct  or  violation  or 
neglect  of  duty,  on  the  part  of  any  member  of  the  board  of 
education,  may  be  presented  to  said  board,  by  any  member 
thereof,  or  by  any  elector  of  Mount  Vernon,  and  such  charges 
shall  be  duly  examined  by  said  board,  at  a  regular  or  special 
meeting,  of  which  the  accused  member  shall  have  at  least, 
five  days'  notice,  but  at  which  meeting  said  accused  member 
shall  not  be  entitled  to  vote.  If  at  such  meeting,  after  hear- 
ing the  evidence  on  both  sides,  said  board  shall  deem  the 
charges  against  the  member  sustained,  then  all  the  papers 
and  documents  in  the  case,  with  a  transcript  of  the  proceed- 
ings of  the  meeting,  shall  be  transmitted  by  the  clerk  of  the 
board  of  education  to  the  superintendent  of  public  instruc- 
tion of  the  state,  and,  upon  his  approval  of  the  findings  of 
the  board,  the  accused  member  shall  be  removed  and  his 
place  deemed  vacant.  All  vacancies  in  the  board  of  educa- 
tion, occasioned  by  the  resignation,  refusal  to  serve,  death 
or  removal  of  any  of  its  members,  shall  be  filled  by  appoint- 
ment by  said  board  until  the  next  regular  school  election, 
when  the  residue  of  the  term,  if  any,  shall  be  filled  by  elec- 
tion, as  hereinbefore  prescribed.  (As  amended  by  the  Laws 
of  1894,  Chapter  10). 

Section  229-p.  The  superintendent  of  instruction  of 
the  city  of  Mount  Vernon  shall  confer  with  and  act  under 
the  direction  of  the  board  of  education  of  said  city  in  per- 
forming the  duties  of  his  office.  He  shall,  subject  to  the 
direction  of  said  board,  have  general  control  and  supervi- 
sion of  the  public  schools,  and  the  teachers  thereof,  in  said 
city,  and  shall,  on  or  before  the  fifteenth  day  of  April  in 


146 

each  year,  report  in  writing  to  the  board  of  education  as 
follows :         , 

1.  The  whole  number  of  schools  within  the  jurisdiction 
of  the  board  of  education,  and  their  sanitary  condition. 

2.  The  repairs  or  alterations,  if  any,  that  are  necessary 
for  such  schools. 

.3.  The  condition  of  the  school  furniture,  apparatus  and 
books,  in  the  several  schools,  and  the  repairs  or  additions 
thereto  that  may  be  necessary. 

4.  The  number  of  teachers  employed  in  the  several 
schools,  and  their  ef^ciency,  with  suggestions  as  to  the  in- 
crease or  decrease  in  the  number  thereof. 

5.  The  number  of  pupils  registered  at  each  school,  and 
the  average  daily  attenaance. 

6.  Such  changes  in  the  curriculum  of  any  or  all  of  the 
schools  as  he  may  deem  advisable. 

7.  As  to  the  condition  and  management  of  the  high 
school,  if  one  shall  have  been  estabHshed. 

8.  Such  other  information  in  relation  to  the  city 
schools  as  may  be  of  interest  to  the  people  of  Mount  Ver- 
non.    (As  amended  by  the  Laws  of  1894,  Chapter  10). 

Section  229-q.  The  said  consolidated  district  shall  be 
deemed  and  is  hereby  declared  to  be  a  union  free  school 
district  under  the  laws  of  this  state  relating  to  public  instruc- 
tion. All  provisions  of  law,  not  inconsistent  with  the  pro- 
visions of  this  act,  applicable  to  school  districts  whose  limits 
correspond  with  any  incorporated  city,  and  the  boards  of 
education  therein,  and  the  corporate  authority  of  such  cities, 
are  made  applicable  to  the  school  districts  hereby  consoli- 
dated and  established,  and  to  the  board  of  education  there- 
of, and  to  the  corporate  authorities  of  the  city  of  Mount 
Vernon.     (As  amended  by  the  Laws  of  1894,  Chapter  10). 

Section  229-r.  It  shall  be  the  duty  of  the  supervisor 
and  town  clerk  of  the  town  of  Eastchester  forthwith  after 
the  passage  of  this  act  to  sell,  assign  and  transfer  to  the 
city  of  Mount  Vernon,  for  a  nominal  consideration,  all  tax 
leases  and  certificates  of  sale  now  held  by  said  town  for 
non-payment  of  any  school  taxes,  affecting  any  lot,  piece  or 


147 

parcel  of  land  within  the  corporate  limits  of  said  city  upon 
payment  by  said  city  to  said  supervisor  for  the  benefit  of 
said  town  of  the  actual  expenses  incurred  by  said  town  in 
publishing  notice  of  such  sales;  and  for  making,  executing 
and  delivering  to  the  said  city  the  assignment  of  such  tax 
leases  and  certificates  the  town  clerk  shall  be  entitled  to 
demand  and  receive  from  the  said  city,  as  compensation  for 
his  services  in  lieu  of  all  fees,  the  sum  of  fifty  ($50)  dollars. 
In  making  the  property  adjustment  with  the  several  school 
districts  of  the  town  of  Eastchester,  portions  of  whose  limits 
are  without  the  said  city,  as  hereinbefore  provided  for,  the 
said  city  shall  be  deemed  indebted  to  each  of  said  districts 
for  the  amount  of  all  school  taxes  and  interest  thereon,  in- 
cluded in  any  such  tax  leases  and  certificates  of  sale  for 
non-payment  of  taxes,  affecting  any  lot,  piece  or  parcel  of 
land  within  the  corporate  limits  of  the  said  city  and  of  such 
districts,  which  several  taxes  shall  not  have  been  previously 
paid  by  the  said  town  or  its  supervisor  to  said  district ;  and 
such  indebtedness  on  the  part  of  such  city  to  such  district 
shall  in  the  adjustment  aforesaid  be  deemed  and  taken  to 
be  an  asset  of  said  district.  (As  amended  by  the  Laws  of 
1894,  Chapter  10). 

Section  229-s.  The  Common  Council  of  said  city  of 
Mount  Vernon  may  from  time  to  time  issue  bonds  of  the 
city  of  Mount  Vernon,  to  be  known  as  "School  tax  relief 
bonds,"  signed  and  sealed  in  the  same  manner  as  other 
bonds  of  the  said  city  and  to  bear  such  interest  not  exceed- 
ing the  legal  rate  as  the  Common  Council  shall  prescribe, 
provided,  however,  that  no  such  bonds  shall  be  issued  in 
excess  of  the  amount  of  taxes  remaining  unpaid  for  the  col- 
lection of  which  warrants  have  been  issued.  Such  bonds 
shall  be  in  such  denominations  and  mature  at  such  times, 
not  exceeding  three  years  from  their  date,  as  the  Common 
Council  may  prescrilDe.  The  Common  Council  shall  con- 
vert such  bonds  into  money  at  not  less  than  their  par  value 
or  obtain  temporary  loans  upon  the  same.  When  the 
amount  of  such  bonds  outstanding  shall  be  equal  to  .the 
amount   of  school  taxes   remaining  unpaid,   the   Common 


148 

Council  shall  cause  all  moneys  received  for  unpaid  taxes 
and  interest  on  the  same  to  be  held  exclusively  for  the  pay- 
ment of  such  bonds  and  the  interest  thereon.  (As  amended 
by  the  Laws  of  1895,  Chapter  189). 

TITLE  XIIL 
Miscellaneous. 

Section  230.  The  city,  except  as  is  otherwise  in  this 
act  provided,  is  hereby  created  and  declared  to  be  one  of 
the  towns  of  Westchester  county,  and  all  provisions  of  law 
not  inconsistent  with  this  act,  applicable  to  towns  in  the 
county  of  Westchester,  shall  apply  to  said  city;  and  all  acts 
required  by  law  to  be  performed  by  the  board  of  town  audit- 
ors in  towns  in  said  county  shall  be  performed  by  the  Com- 
mon Council. 

Section  231.  No  person  shall  be  incompetent  as  judge, 
justice,  witness  or  juror  by  reason  of  his  being  an  inhabitant 
or  freeholder  in  the  city  in  any  action  or  proceeding  in  which 
the  city  is  a  party  interested. 

Section  232.  No  costs,  fees,  disbursements  or  allow- 
ances shall  be  recovered  in  any  judgment  against  the  city 
or  against  any  of  its  officers  or  authorized  agents,  where  the 
city  would  be  liable  to  respond  to  any  such  ofificer  or  au- 
thorized agent,  unless  the  claim,  whether  in  contract  or  in 
tort,  upon  which  judgment  is  founded  shall  have  been  pre- 
sented for  payment  to  the  Common  Council,  at  least  thirty 
days  before  the  commencement  of  an  action  thereon,  except 
that  when  such  city  officer  or  agent  shall  answer  and  litigate 
or  defend  a  suit,  proceeding  or  action  for  such  claim,  in  such 
case,  such  defendant  shall  be  liable  for  costs  in  all  respects 
as  in  cases  where  the  claim  is  presented  as  aforesaid  more 
than  thirty  days  before  action  is  commenced.  No  bond  or 
undertaking  shall  be  required  on  the  part  of  the  city  in  any 
action  or  proceeding  wherein  the  city  is  a  party.  No  execu- 
tion can  be  issued,  on  any  judgment  recovered  against  the 
city,  or  any  officer  for  whose  acts  it  is  liable  or  against  the 
board  of  health,  or  the  board  of  excise  commissioners,  but 
the  Common  Council,  within  sixty  days  after  the  final  re- 


149 

CO  very  of  any  such  judgment  must  cause  a  warrant  to  be 
issued  for  the  amount  thereof,  payable  with  interest  on  the 
first  day  of  March  after  the  next  annual  tax  levy  and  it  is 
hereby  authorized  to  raise  the  amount  necessary  to  pay  such 
warrant  with  the  interest  thereon,  by  tax,  in  the  next  annual 
tax  levy,  in  addition  to  such  other  sums  as  are  authorized  by 
law. 

Section  233.  The  expenses  of  apprehending,  examin- 
ing, trying  and  committing  offenders  against  any  law  of  the 
state,  in  the  city,  and  of  their  confinement,  properly  charge- 
able against  the  county  of  Westchester,  shall  be  audited,  al- 
lowed and  paid  by  the  Board  of  Supervisors  of  said  county 
in  the  same  manner  as  if  such  expenses  had  been  incurred  in 
any  town  in  said  county. 

Section  234.  When  corporations,  associations,  co- 
partners, joint-tenants,  or  tenants  in  common,  are  to  be 
served  with  a  notice  or  process  under  any  provisions  of  this 
act,  it  shall  be  deemed  a  sufficient  and  legal  service  of  such 
notice  or  process  to  serve  a  copy  thereof  upon  the  presi- 
dent, cashier,  treasurer,  superintendent,  one  of  the  directors, 
or  the  managing  agent,  of  such  corporation  or  association, 
or  upon  any  one  of  such  co-partners,  joint  tenants  or  tenants 
in  common. 

Section  235.  The  affidavit  of  the  editor  or  publisher 
of  a  newspaper  or  his  foreman  or  his  principal  clerk,  show- 
ing publication  in  such  newspaper  of  any  notice,  by-law,  res- 
olution, or  other  matter  required  by  this  act,  to  be  pub- 
lished in  a  newspaper,  may  be  read  in  evidence,  and  shall  be 
presumptive  evidence  of  the  publication  of  the  matter  stated 
therein;  and  when  such  affidavit  shall  have  been  filed  with 
the  city  clerk,  copies  thereof  certified  by  him  may  be  read 
in  evidence  with  like  effect  as  the  original. 

Section  236.  Copies  of  all  papers  filed  in  the  office 
of  the  city  clerk,  transcripts  from  the  records  of  the  proceed- 
ings of  the  Common  Council,  and  copies  of  the  ordinances 
or  by-laws  of  the  city,  certified  by  the  city  clerk  under  the 
corporate  seal,  and  copies  of  the  record  of  the  board  of 
health,  and  of  ordinances  adopted  by  it  certified  by  its  secre- 


150 

tary,  shall  be  evidence  in  all  places  and  in  all  courts,  in  like 
manner  as  if  the  originals  were  produced  and  proved. 

Section  237.  The  ordinances,  by-laws  and  resolutions 
of  the  Common  Council  and  the  sanitary  Code,  ordinances, 
by-laws,  rules  and  resolutions  of  the  board  of  health,  may 
be  read  in  evidence  from  the  volume  of  the  same,  printed  by 
authority  of  the  Common  Council,  or  of  the  board  of  health. 

Section  238.  The  Common  Council  shall  not  audit  or 
pay  any  account  for  services  rendered,  material  furnished  or 
disbursements  made,  unless  such  account  in  duplicate  be 
made  out  in  items  and  accompanied  with  an  affidavit  at- 
tached thereto,  made  by  the  person  or  one  of  the  persons 
claiming  the  same,  that  the  items  of  such  account  are  cor- 
rect ;  that  the  services,  disbursements  and  materials  charged 
therein  have  been  made  and  rendered,  and  that  no  part 
thereof  has  been  paid  and  satisfied. 

Section  239.  The  real  estate  belonging  to  the  city  ex- 
cept lands  purchased  by  the  city  at  sales  for  unpaid  taxes 
or  assessments  shall  be  exempt  from  all  taxes,  but  not  from 
assessments  in  the  city  for  local  improvements. 

Section  240.  (Repealed  by  the  Laws  of  1896,  Chap- 
ter 692). 

Section  241.  No  action  on  a  tort  or  contract  or  special 
proceeding,  shall  be  prosecuted  or  maintained  against  the 
city  of  Mount  Vernon,  unless  it  shall  appear  by,  and  as  an 
allegation  in  the  complaint  or  necessary  moving  papers  that 
at  least  thirty  days  have  elapsed  since  the  claim  or  claims 
upon  which  said  action  or  special  proceeding  is  founded  was 
presented  to  the  Common  Council  of  said  city  for  adjust- 
ment, and  that  said  Common  Council  has  neglected  or  re- 
fused to  make  an  adjustment  or  payment  thereof  for  thirty 
days  after  such  presentment.  The  mayor  of  said  city  may, 
within  the  said  period  of  thirty  days,  from  the  time  of  the 
presentation  of  any  account  or  claim  against  the  said  city, 
require  the  person  or  persons  presenting  such  account,  or 
claim  to  be  sworn  before  him,  touching  such  account  or 
clainl,  and  Avhen  so  sworn,  to  swear  orally  as  to  any  facts 
relating  to  the  justice  of  such  account  or  claim. 


151 

Section  242.  All  ordinances  of  said  city  shall  be  enter- 
ed by  the  city  clerk  in  a  separate  book  to  be  provided  by 
the  Common  Council  and  the  same  shall  be  properly  in- 
dexed, and  always  accessible  to  the  public  in  his  office. 

Section  243.  When  judgment  shall  have  been  recover- 
ed in  favor  of  said  corporation  for  any  fine,  penalty  or  for- 
feiture, execution  thereon  may  issue  against  the  person  as 
well  as  the  property  of  the  defendant,  in  the  form  prescribed 
by  law  for  such  executions. 

Section  244.  The  Common  Council  may  also  establish 
and  maintain  a  city  lockup  or  station  or  watch-house,  which 
may  be  used  instead  of  the  county  jail  for  the  temporary 
confinement  of  offenders. 

Section  245.  The  city  of  Mount  Vernon  shall  be  liable 
for  the  bonded  debt  of  the  village  of  Mount  Vernon,  and 
shall  pay  and  discharge  the  principal  as  the  same  shall  fall 
due,  and  the  annual  interest  accruing  thereon. 

Section  246.  The  Board  of  Supervisors  of  Westches- 
ter county  shall,  at  its  first  annual  session  after  the  passage 
of  this  act,  affix  and  determine  the  proportional  amounts  of 
the  state  and  county  charges  to  be  equitably  paid  by  the 
city  of  Mount  Vernon,  and  also  the  proportional  share  or 
amount  thereof  to  be  paid  by  the  town  of  Eastchester  not  in- 
cluded within  the  boundaries  of  said  city.  Said  Board  of 
Supervisors  shall  also  at  their  first  annual  session  after 
the  passage  of  this  act  fix  and  determine  the  proportional 
share  or  amount  of  the  floating  and  bonded  indebtedness  of 
the  town  of  Eastchester  incurred  and  existing  at  the  time 
of  the  passage  of  this  act,  to  be  paid  by  the- city  of  Mount 
Vernon,  and  the  proportional  share  or  amount  thereof  to  be 
paid  by  the  tow^n  of  Eastchester  not  included  within  the 
boundaries  of  said  city.  Said  Board  of  Supervisors  in  de- 
termining the  proportion  which  shall  be  paid  by  said  city  and 
town  respectively,  shall  be  governed  by  the  proportion  of 
the  assessed  valuation  of  the  property  of  said  city  and  town, 
and  the  amount  of  money  to  be  paid  by  the  city  of  Mount 
Vernon  shall  bear  such  proportion  to  the  whole  amount 
to  be  paid  for  the  current  year  as  the  assessed  valuation  of 


152 

the  property  in  said  city  of  Mount  Vernon  upon  the  assess- 
ment-roll of  the  city  of  Mount  Vernon  for  that  year,  as 
equalized  by  said  board,  bears  to  the  aggregate  amount  of 
the  assessment-roll  of  the  town  of  Eastchester  for  that 
year,  as  equalized  by  said  board,  and  the  assessment-roll 
of  said  city  so  equalized.  After  the  passage  of  this  act 
the  said  city  of  Mount  Vernon  shall,  for  all  purposes  relat- 
ing to  the  assessment  and  collection  of  taxes,  be  and  consti- 
tute a  separate  and  distinct  township  in  said  county  of 
Westchester,  except  that  the  bonded  indebtedness  of  such 
town  of  Eastchester  shall  be  adjusted  and  provided  for  from 
year  to  year  as  herein  set  forth.  Said  Board  of  Supervisors 
shall  levy  upon  said  city  the  proportional  share  or  amount  of 
the  taxes  as  authorized  by  the  laws  of  the  state  with  respect 
to  towns ;  and  also  for  the  first  year  after  the  passage  of  this 
act  said  proportional  share  of  this  indebtedness  and  obliga- 
tions of  said  town  of  Eastchester;  and  from  year  to  year 
the  proper  proportion  of  said  bonded  indebtedness  of  said 
town,  and  extend  the  same  upon  the  assessment-rolls  of  said 
city  in  the  manner  in  which  it  is  by  law  directed  to  levy  like 
taxes  upon  the  several  towns  of  said  county. 

Section  247.  On  or  before  the  fifteenth  day  of  July, 
eighteen  hundred  and  ninety-two,  the  supervisor  and  town 
clerk  of  the  town  of  Eastchester  as  it  w^ill  exist  after  the 
passage  of  this  act  shall  sell,  assign  and  transfer  for  a  nomi- 
nal consideration  to  the  city  of  Mount  Vernon  all  tax  leases 
and  certificates  of  sale  for  non-payment  of  taxes  affecting 
any  lots,  pieces  or  parcels  of  land  within  the  corporate  limits 
of  the  city  of  Mount  Vernon;  and  thereafter  the  proper 
officers  of  the  town  of  Eastchester  shall  proceed  in  regard 
to  the  unpaid  taxes  affecting  lots,  pieces  or  parcels  of  land 
in  the  corporate  limits  of  the  city  of  Mount  Vernon  to  legal- 
ly sell  said  lots,  pieces  or  parcels  of  land  for  such  unpaid 
taxes  in  the  same  manner  as  if  this  act  had  not  been  passed 
and  immediately  after  such  sale  to  pay  over  to  the  city  of 
Mount  Vernon  the  proceeds  of  such  sale  and  assign  the  cer- 
tificates of  sale  of  such  lots,  pieces  or  parcels  of  land  as  the 


153 

town  of  Eastchester  may  purchase  at  such  tax  sale  to  the 
city  of  Mount  Vernon. 

Section  248.  The  receiver  of  taxes  and  assessments  of 
the  village  of  Mount  Vernon,  in  office  when  this  act  takes 
effect,  is  hereby  authorized  and  empowered  to  collect  and 
enforce  the  collection  of  any  tax- warrant  or  assessment 
which  may  be  in  his  hands  as  such  receiver  when  this  act 
takes  effect,  in  the  same  manner  and  with  like  fees  as  if  this 
act  had  not  been  passed.  He  shall  make  return  to  the 
Common  Council  of  said  city  in  the  same  manner  as  required 
by  the  charter  of  the  village  of  Mount  Vernon,  that  return 
shall  be  made  to  the  trustees  of  said  village.  The  Common 
Council  shall  have  the  same  power  and  authority,  in  respect 
to  any  uncollected  taxes  of  said  village  as  in  the  case  of  taxes 
of  said  city,  and  like  proceedings  shall  be  taken  for  the  re- 
covery and  collection  thereof,  as  may  be  taken  with  respect 
to  city  taxes. 

Section  249.  This  act  shall  in  no  wise  apply  to  or 
affect  the  collection  of  the  town,  county  or  state  taxes,  the 
warrant  for  the  collection  of  which  is  now  in  the  hands  of 
the  receiver  of  taxes  of  the  town  of  Eastchester;  and  all 
steps  and  means  now  provided-  by  statute  for  the  collection 
of  said  taxes  may  at  any  time  hereafter  be  taken  and  en- 
forced, as  is  now  provided  by  statute  for  delinquent  taxes, 
and  when  the  same  shall  be  collected  they  shall  be  disposed 
of  in  the  same  manner  as  though  this  act  had  not  become  a 
law,  except  as  otherwise  provided  by  this  act. 

Section  250.  The  existing  ordinances,  by-laws,  reso- 
lutions and  regulations  of  the  trustees  of  the  village  of 
Mount  Vernon,  as  the  same  shall  be  in  force  when  this  act 
takes  effect,  shall  be  and  continue  in  force,  and  shall  have 
the  same  force  and  effect  over  the  entire  limits  of  the  city 
of  Mount  Vernon,  as  in  and  by  this  act  established,  and  shall 
be  and  continue  in  force  and  effect  over  the  whole  city  as  if 
duly  adopted,  passed  and  published  by  the  Common  Cotincil 
of  said  city  until  the  same  shall  be  repealed  by  the  Conimon 
Council  of  said  city.  - 


154 

Section  251.  The  balance  of  the  town  of  Eastchester 
not  included  within  the  bounds  of  the  city  of  Mount  Vernon, 
shall  be  a  separate  and  distinct  tow^n  wnth  all  the  rights 
and  privileges  of  a  town  as  provided  by  law,  and  shall  be 
known  as  the  town  of  Eastchester;  all^officers  of  said  town 
who  shall  be  residents  of  the  same  as  hereby  altered,  shall 
continue  to  hold  their  ofifices  for  the  time  and  in  the  man- 
ner prescribed  by  law;  all  officers  holding  their  offices  by 
their  election  or  appointment,  who  shall  cease  to  be  resi- 
dents of  the  town  of  Eastchester  in  consequence  of  the 
alteration  of  said  town,  hereby  shall  be  deemed  to  have  va- 
cated their  offices  from  the  day  when  this  act  shaU  take  ef- 
fect as  if  they  had  removed  from  the  town,  except  as  in  this 
act  otherwise  provided.  A  town  meeting  of  the  town  of 
Eastchester  shall  be  held  within  thirty  days  after  the  passage 
of  this  -act,  at  such  time  and  place  within  said  town  as  the 
supervisor  of  the  present  town  of  Eastchester  shall  appoint. 
Such  supervisor  shall  immediately  after  the  passage  of  this 
act  give  notice  of  the  time  and  place  of  such  meeting,  and 
of  the  officers  to  be  elected  at  the  same,  by  publishing  such 
notice  in  at  least  two  newspapers  printed  in  the  present 
town  of  Eastchester,  and  by  posting  the  same  in  at  least 
five  public  places  within  said  town  as  altered;  at  such  first 
town  meeting  officers  shall  be  chosen  according  to  law%  in- 
cluding three  justices  of  the  peace  in  and  for  said  town,  to 
fill  all  vacancies  created  in  elective  offices  by  the  provisions 
of  this  act,  and  all  other  proceedings  shall  be  had  as  pre- 
scribed by  statute  in  the  organization  of  new  towns;  the 
•present  supervisor  and  justice  of  the  peace  of  the  present 
tow^n  of  Eastchester  shall  preside  at  such  town  meeting, 
and  the  same  shall  be  conducted  in  all  respects  as  pre- 
scribed by  the  statute  for  town  meetings ;  the  officers  elected 
at  such  town  meeting  shall  hold  their  office  for  the  term  and 
in  the  manner  prescribed  by  law,  as  if  they  had  been  elected 
at  a  town  meeting  held  at  the  time  appointed  for  holding 
town  meetings  in  Westchester  county:  the  justices  of  the 
peace  of  the  town  of  Eastchester  as  hereby  altered  shall 
possess  all  rights,  powers  and  jurisdiction  in  both  criminal 


155 

and  civil  matters  as  the  justices  of  the  peace  in  towns,  and 
shall  be  subject  to  the  provisions  of  all  statutes  relating  to 
justices  of  the  peace,  their  powers,  duties,  courts  and  judg- 
ments, appeals  therefrom  and  all  the  proceedings  therein. 

Section  252.  The  Common  Council  must  provide  for 
the  use  of  the  officers  of  the  several  city  departments  and 
city  judge,  all  sundry  supplies,  stationery,  blanks,  fuel  and 
other  requisites,  as  may  be  necessary  for  the  transaction  of 
the  business  of  the  said  departments,  and  of  the  business 
of  the  city  court  and  shall  also  provide  a  seal  for  the  city 
court,  and  the  clerk  of  the  city  court  shall  have  the  custody 
of  said  seal. 

Section  253.     (Repealed  by  Chapter  692,  Laws  1896). 

Section  254.  The  corporation  known  as  the  village  of 
Mount  Vernon,  and  included  in  the  boundaries  hereinbefore 
described,  is  hereby  dissolved,  and  all  officers  elective  and 
appointive,  existing  under  the  government  of  the  village  of 
Mount  Vernon,  are  hereby  abolished,  except  as  in  this  act 
otherwise  provided. 

Section  255.  Wherever  the  word  ''freeholder"  appears 
in  said  chapter  one  hundred  and  eighty-two  of  the  laws  of 
eighteen  hundred  and  ninety-two,  as  a  qualification  for  hold- 
ing any  office  under  said  act,  it  shall  be  construed  and  under- 
stood to  mean  the  record  owner  of  a  freehold  estate. 

Section  256.  Wherever  the  word  "supervisor"  occurs 
in  chapter  one  hundred  and  eighty-two  of  the  laws  of  eight- 
een hundred  and  ninety-two  it  shall  be  deemed  to  apply  to 
the  supervisors  of  the  city  as  a  whole,  or  any  one  of  them,  as 
the  case  may  be,  except  as  in  this  act  otherwise  provided. 

Section  257.     This  act  shall  take  efTect  immediately. 


APPENDIX 


OF 


SPECIAL  ACTS 


159 


ACT  RELATIVE  TO  SEWERS  IN  VILLAGE  OF 

MOUNT  VERNON. 

Chapter  608,  Laws  of  1886,  with  Amendments. 

Section  i.  The  board  of  trustees  of  the  village  of 
Mount  Vernon  is  hereby  authorized  and-  empowered  to 
adopt  and  establish,  subject  to  the  approval  of  the  state 
board  of  health  of  the  state  of  New  York  a  permanent  sys- 
tem of  sewerage  and  drainage  in  and  for  said  village  of 
Mount  Vernon  and  to  immediately  construct  the  main  trunk 
or  outlet  sew^er  for  said  village  hereinafter  mentioned,  if 
the  said  board  by  a  two-thirds  vote  shall  decide  so  to  do. 

Section  2.  For  the  purpose  above  mentioned  the  said 
board  shall  cause  all  necessary  surveys  to  be  made  of  land 
taken,  and  shall  determine  the  location,  grade,  size  and 
depth  in  the  ground  of  all  sewers  which  may  become  neces- 
sary, and  do  all  other  acts  and  things  necessary  for  the  per- 
fect sewerage  and  drainage  of  said  village ;  and  they  shall 
cause  such  system  of  sewerage  to  be  fully  and  accurately 
delineated  upon  a  map,  which  map  shall  show  the  several 
water-sheds  in  said  village,  each  of  which  shall  constitute 
a  separate  sewerage  district  and  also  the  main  trunk  or  out- 
let sewer  of  said  village,  as  the  said  board  may  determine 
the  same  to  be,  and  which  said  map  Avith  such  notes  and  ex- 
planations thereon  as  may  be  deemed  necessary,  shall  be 
filed  in  the  office  of  the  clerk  of  the  village  of  Movmt  Ver- 
non, for  safe  keeping  and  inspection. 

The  said  board  of  trustees  may  employ  a  special  coun- 
sel to  advise  them  in  the  discharge  of  their  duties  under 
this  act,  and  also  a  clerik  to  their  committee  upon  sewers, 
while  said  board  is  engaged  in  carrying  out  the  provisions 
of  this  act,  and  such  counsel  and  clerk  shall  receive  such 
compensation  for  their  services  as  said  board  may  deter- 
mine upon  or  allow. 

Section  3.  After  such  system  of  sewerage  and  drain- 
age shall  be  adopted  and  approved  by  the  said  state  board 


160 

of  health,  and  such  maps  shall  be  filed  as  aforesaid^  all  sew- 
ers constructed  in  said  village  by  or  under  the  authority  of 
said  board,  shall  conform  in  all  things  to  such  system  except 
it  be  made  to  appear  to  said  board  that  such  system  is  im- 
perfect, in  which  case  said  board  may,  in  its  discretion,  by 
a  two-thirds  vote  of  all  of  the  members  thereof,  and  with  the 
approval  of  the  said  state  board  of  health  make  the  neces- 
sary alterations  in  said  system  for  the  p^irpose  of  making 
the  proper  changes  and  connections;  and  also  in  their  dis- 
cretion, by  a  like  vote,  and  with  the  approval  of  the  said 
state  board  pf  health,  increase  the  size  or  change  the  grade 
of  any  sewer. 

Section  4.  Whenever  it  is  necessary  to  construct  any 
of  said  sewers  through  private  property  either  within  or 
outside  said  village,  or  to  use  any  private  property  either 
within  or  outside  said  village,  for  a  pumping  station  or  for 
a  sewerage-farm  or  for  beds  for  the  treatment  of  sewerage, 
or  for  any  other  purpose  connected  with  said  system  of 
sewerage  and  drainage,  said  board  shall  have  full  power,  and 
IS  hereby  authorized  to  enter  upon,  take  possession  of  and 
use  said  private  property  for  the  purposes  aforesaid,  or  either 
of  them.  And  title  thereto  shall  be  acquired  by  said  vil- 
lage in  the  manner  and  by  the  proceedings  provided  in 
chapter  one  hundred  and  forty  of  the  laws  of  eighteen  hun- 
dred and  fifty,  and  the  several  acts  amendatory  thereof,  for 
acquiring  title  to  lands  for  railroad  use  by  railroad  corpora- 
tions so  far  as  the  same  are  applicable  thereto,  and  except 
as  herein  otherwise  provided.  Immediately  after  the  making 
by  the  Supreme  Court  of  the  order  appointing  commis- 
sioners to  ascertain  and  appraise  the  compensation  to  be 
made  to  the  owners  of  or  persons  interested  in  real  estate, 
private  property,  proposed  to  be  taken  for  the  purposes 
aforesaid,  or  any  of  them,  and  after  the  entry  of  the  said 
order  in  the  ofifice  of  the  clerk  of  Westchester  county  and 
after  the  filing  in  the  of^ce  of  the  clerk  of  Westchester 
county  of  the  oath  taken  and  subscribed  by  said  commis- 
sioners and  in  the  ofifice  of  the  clerk  of  said  village,  of  a 
copy   of  said  oath  certified  by   said  clerk   of  Westchester 


161 

county,  the  said  village  shall  be  and  become  seized  in  fee 
of  the  said  real  estate  the  same  to  be  appropriated,  convert- 
ed and  used  to  and  for  the  purposes  aforesaid;  and  imme- 
diately thereafter,  or  at  any  time  or  times  thereafter,  the 
said  village  and  the  said  board  of  trustees  may  take  posses- 
sion of  the  same,  or  any  part  or  parts  thereof,  w^ithout  any 
suit  or  proceeding  at  law  for  that  purpose  and  said  village 
and  said  board  of  tmstees  or  any  person  or  persons  acting 
under  its  or  their  authority,  may  enter  upon  and  use  and 
occupy  in  perpetuity  all  the  said  real  estate  for  the  uses  and 
purposes  aforesaid.  In  case  of  death,  resignation,  refusal 
or  neglect  to  sene  of  any  such  commissioner  of  appraisal, 
the  remaining  commissioner  or  commissioners  shall,  upon 
two  weeks'  notice,  to  be  given  by  advertisement  in  all  the 
newspapers  published  in  said  village,  apply  to  the  supreme 
court,  at  a  special  term  thereof,  to  be  held  in  the  second 
judicial  district,  for  the  appointment  of  one  or  more  com- 
missioners to  fill  the  vacancy  or  vacancies  so  occasioned. 
In  case  of  the  death,  resignation  or  refusal  to  serve,  of  all 
said  commissioners  of  appraisal,  the  said  board  of  trustees^ 
shall,  upon  giving  the  said  notice  as  aforesaid,  apply  to  the 
said  court  for  the  appointment  of  other  commissioners  of 
appraisal.  The  report  of  said  commissioners,  when  com- 
pleted, shall  be  filed  by  them  in  the  ofifice  of  the  clerk  of 
Westchester  county;  and  a  copy  thereof,  certified  by  said 
clerk,  shall  be  filed  by  said  commissioners  in  the  office  of 
the  said  village,  and  the  said  commissioners  shall  forthwith 
thereafter  in  writing  notify  said  board  of  trustees  of  such 
filing.  The  said  board  of  trustees,  or  in  case  of  its  neglect 
to  do  so  within  ten  days  after  receiving  notice  of  such  filing, 
then  any  person  interested  in  the  proceeding  shall  give  no- 
tice that  said  report  will  be  presented  for  confirmation  to 
the  supreme  court,  at  a  special  term  thereof  to  be  held  in 
the  second  judicial  district,  at  a  time  and  place  to  be  speci- 
fied in  said  notice. 

The  said  notice  shall  contain  a  statement  of  the  time 
and  place  of  the  filing  of  the  report  and  of  the  copy  there- 
of, and  shall  be  published  in  each  of  the  newspapers-  pub- 


1G2 

lished  ill  said  village  for  at  least  four  weeks  immediately 
j)rior  to  the  presentation  of  said  report  for  confirmation. 
And  within  four  calendar  months  after  the  confirmation  by 
said  court  of  the  report  of  the  said  commissioners,  the  said 
board  of  trustees  shall  pay  to  the  persons  or  parties  entitled 
thereto,  or  deposit  as  directed  in  the  order  of  said  court 
making  such  confirmation,  the  respective  sum  or  sums  es- 
timated and  reported  in  said  report  in  their  favor,  respective- 
ly, wath  lawful  interest  thereon  from  the  date  of  the  filing  of 
the  oath  and  certified  copy  thereof,  as  aforesaid;  and  in  de- 
fault thereof  said  persons  or  parties,  respectively,  his,  her  or 
their  respective  heirs,  executors,  administrators,  successors 
or  assigns  may,  at  any  time  or  times  after  demand  first  made 
by  him,  her  or  them  of  the  said  board  for  payment  thereof, 
sue  for  and  recover  from  the  said  village  the  same,  with 
lawful  interest  as  aforesaid  and  the  costs  of  suit,  in  any  pro- 
per form  of  action  against  the  said  village,  in  any  court  hav- 
ing cognizance  thereof,  and  in  which  action  it  shall  be  suffi- 
cient to  declare  generally  for  so  much  money  due  to  the 
plaintiE  or  plaintiffs  therein,  by  virtue  of  this  act,  for  real 
estate  taken  or  affected,  for  the  purpose  herein  mentioned; 
and  the  report  of  such  commissioners,  with  proof  of  the 
right  and  title  of  the  plaintiff  or  plaintiffs  to  the  sum  or 
sums  demanded,  shall  be  conclusive  evidence  in  such  suit  or 
action.  After  the  making  and  entry  of  said  order  appoint- 
iftg  commissioners  as  aforesaid,  and  the  filing  of  their  oath 
and  a  copy  thereof  as  aforesaid,  said  board  of  trustees  shall 
have  no  right  or  power  to  discontinue  or  abandon  the  pro- 
ceedings, as  to  any  parcel  of  real  estate  or  interest  therein 
proposed  to  be  taken,  if  any  of  the  parties  interested  in 
such  parcel  or  interest  object  thereto.  If  the  said  commis- 
sioners, or  others  duly  appointed  in  their  places,  shall  at  any 
time  unreasonably  neglect  to  proceed  in  the  discharge  of 
their  duties,  or  said  hoard  of  trustees  shall  unreasonably 
neglect  to  bring  to  a  hearing  before  said  court  the  report 
of  said  commissioners,  or  to  take  any  other  step  in  said 
proceedings  necessary  to  be  taken  by  them  to  complete  the 
same,  the  said  commissioners  and  the  said  board,  or  either, 


163 

of  them,  may  be  compelled  to  proceed  by  mandamus,  to  be 
issued  out  of  said  court  upon  the  application  of  any  in- 
terested party,  upon  such  notice  to  other  interested  parties 
as  such  court  may  direct  or  approve.  The  supreme  court  of 
the  second  judicial  district  shall  have  power,  at  any  time, 
to  amend  any  defect  or  informahty  in  any  of  the  special  pro- 
ceedings authorized  by  this  section  of  this  act  as  may  be 
necessary,  or  to  cause  other  property  to  be  included  there- 
in, and  to  direct  such  further  notices  to  be  given  to  any  party 
in  interest  as  it  deems  proper,  and  also  to  appoint  other 
commissioners  in  place  of  any  Avho  shall  die  or  refuse  or 
neglect  to  serve,  or  be  incapable  of  serving,  or  be  removed. 
And  the  said  court  may  at  any  time  remove  any  of  said  com- 
missioners of  appraisal  who,  in  their  judgment,  shall  be  in- 
capable of  serving  or  who  shall  for  any  reason,  in  their  judg- 
ment, be  an  unfit  person  to  serve  as  such  commissioner.  The 
cause  of  such  removal  shall  be  specified  in  the  order  mak- 
ing the  same.  If  in  any  particular,  it  shall,  at  any  time,  be 
found  necessary  to  amend  any  pleading,  proceeding  or  to 
supply  any  defect  therein,  arising  in  the  course  of  any  special 
proceeding  authorized  by  this  section  of  this  act,  the  same 
may  be  amended  or  supplied  in  such  manner  as  shall  be  di- 
rected by  the  supreme  court  which  is  hereby  authorized  to 
make  such  amendment  or  correction. 

And  the  said  board  of  trustees  shall  also  have  full  power 
to  construct  the  said  sewers  and  any  of  them  through  or 
under  any  street  or  highway  in  the  town  of  Eastchester, 
and  for  that  purpose  to  open  any  of  the  streets  or  highways 
of  said  town ;  and  also  to  construct  any  of  said  sewers  under 
the  track,  tracks  or  roadway  of  any  railroad  now  laid  or 
hereafter  to  be  laid  in  said  village  or  town,  without  com- 
pensation to  the  corporation  owning  such  railroad;  and  said 
board  may  ^nter  upon  and  construct  any  of  said  sewers 
through  any  land  in  said  village  or  town  belonging  to  any 
railroad  corporation,  and  not  used  by  it  for  its  tracks  or  as 
a  roadway  for  its  railroad;  and  the  right  to  do  so,  and  also 
to  enter  upon  such  land  at  any  time  for  the  purpose  of  re- 
pairing and  maintaining  any  such  sewer,  may  be  acquired 


164 

by  said  board  of  trustees  in  the  same  manner  and  by  the 
same  proceedings,  as  to  making  compensation  and  other- 
wise, as  is  hereinbefore  in  this  section  of  this  act  provided 
as  to  private  property  proposed  to  be  taken  for  any  of  said 
sewers  and  such  right  when  so  acquired  shall  vest  in  said 
village  for  the  uses  and  purposes  aforesaid.  (As  amended 
by  the  Laws  of  1888). 

Section  5.  At  any  time  after  the  adoption  and  ap- 
proval of  said  system,  and  the  filing  of  said  map,  as  aforesaid, 
the  said  board  of  trustees  may  construct  any  of  the  trunk  or 
outlet  sewers  for  aiiy  of  said  sewerage  districts  and  any 
pumping  station  with  its  appurtenances,  whenever  said 
board,  by  a  majority  vote  of  all  its  members,  determine  to 
construct  the  same.  No  connection  with  the  main  trunk  or 
outlet  sewer  for  said  village,  or  with  any  of  said  district 
trunks  or  outlet  sewer,  shall  be  made  by  any  person,  except 
upon  written  permission  by  said  board  and  upon  such  condi- 
tions as  said  board  may  in  such  written  permission  pre- 
scribe and  impose.    (As  amended  by  Laws  of  1888). 

Section  6.  In  the  construction  of  such  system  of  sew- 
erage, the  said  board  shall  have  power  to  make  any  neces- 
sary changes  in  the  grade  of  any  street  or  avenue,  and  the 
cost  ot  such  change  or  any  damage  occasioned  thereby  up- 
on the  line  of  said  streets  or  avenues,  shall  be  considered  as 
part  of  the  cost  of  such  sewerage. 

Section  7.  (As  amended  by  Laws  of  1890).  The  cost 
and  expense  of  every  nature  incurred  by  said  board  in  the 
construction  of  the  said  main  trunk  or  outlet  sewer  for  said 
village,  and  in  tbe  construction  of  the  said  district  trunk  or 
outlet  sewers,  and  said  pumping  station  with  its  appurten- 
ances, including  all  costs  and  expenses  incurred  in  the  mak- 
ing of  the  surveys,  determinations  and  maps,  and  in  estab- 
lishing the  systems  provided  for  in  sections  one  and  two  of 
this  act,  and  in  obtaining  the  approval  of  the  state  board  of 
health  provided  for  by  section  three  of  this  act,  and  in  se- 
curing the  necessary  lands  and  right  of  way  for  such  main 
trunk  or  outlet  sewer,  and  said  district  trunk  or  outlet  sew- 


1G5 

ers  and  pumping  station,  with  its  appurtenances,  and  in  con- 
structing the  same  and  the  compensation  of  said  special 
counsel,  and  clerk  of  said  committee  on  sewers,  shall  be  a 
charge  upon  said  village;  and  for  the  purpose  of  defraying 
the  same,  the  said  board  of  trustees  shall  borrow,  and  they 
are  hereby  authorized  to  borrow,  from  time  to  ■  time,  as 
needed  upon  the  credit  of  said  village,  such  sums  as  may  be 
necessary,  upon  such  terms  of  credit,  iiot  exceeding  thirty 
years,  and  at  such  rate  of  interest  not  exceeding  five  per 
centum  per  annum,  as  the  said  board  shall,  by  a  two-thirds 
vote  of  all  the  members  thereof,  determine;  and  to  secure 
the  payment  of  such  loans  the  said  board  are  hereby  author- 
ized by  a  like  vote,  to  make,  execute,  and  deliver  bonds  of 
said  village,  which  shall  be  signed  by  the  president  and  clerk 
thereof;  and  shall  be  of  such  amounts,  and  be  made  payable 
at  such  times  as  said  board  of  trustees  by  a  like  vote  shall 
determine,  but  the  same  shall  not  be  sold  for  less  than  the 
par  value  thereof,  with  accrued  interest,  if  any,  and  shall 
be  sold  to  the  highest  bidder,  at  a  public  sale,  notice  of 
which  sale  shall  be  published  in  all  the  newspapers  in  the 
said  village,  and  in  a  daily  newspaper  published  in  the  city 
of  New  York  to  be  designated  by  said  board  of  trustees,  for 
three  successive  weeks  next  preceding  the  day  of  sale.  Said 
notice  shall  state  that  on  the  day  of  sale,  at  a  certain  speci- 
fied hour,  the  said  board  of  trustees  at  its  rooms  in  said 
village",  will  receive  sealed  proposals  for  the  purchase  of  said 
bonds,  or  so  many  thereof  as  may  at  such  sale  be  offered. 
All  such  proposals  so  received  shall  be  then  and  there  open- 
ed by  said  board,  and  the  highest  of  said  proposals  shall  be 
accepted  by  said  board  unless  the  board  "deem  it  for  the 
interest  of  the  said  village  to  reject  the  same ;  in  which  case 
the  said  board  may  reject  all  of  said  proposals  and  re-adver- 
tise said  bonds  for  sale  in  the  same  manner  as  aforesaid; 
such  sale  to  be  conducted  in  like  manner  as  aforesaid.  Said 
bonds  shall  be  denominated  ''Sew^erage  loan  bonds  of  the  vil- 
lage of  Mount  Vernon/'  and  shall  be  numbered  consecu- 
tively as  issued,  and  a  record  of  said  bonds  showing  the 


166 

number,  amount,  rate  of  interest  and  the  times  when  pay- 
able, shall  be  kept  by  said  clerk.  The  credit  of  said  village 
is  hereby  pledged  for  the  payment  of  such  bonds  as  may  be 
issued  by  authority  of  this  act.  The  said  board  of  trustees 
are  hereby  authorized,  in  addition  to  the  amount  of  the 
taxes  now  authorized  by  law  to  be  levied  and  collected  in 
any  one  year  upon  the  taxable  property  in  said  village,  to 
levy  and  collect  thereon  in  each  year,  in  the  same  manner 
as  the  general  village  taxes  are  now  by  law  to  be  levied  and 
collected,  an  amount  sufficient  to  pay  the  interest  upon  said 
bonds  and  the  principal  thereof,  so  far  as  such  interest  and 
principal  will  accrue  and  become  due  during  that  year,  un- 
til said  bonds  shall  be  fully  paid.  But  if  the  said  board  of 
trustees  shall,  at  any  time,  resolve  and  determine  that  it  is 
just  and  equitable  that  the  several  lots,  pieces  or  parcels  of 
land  fronting  upon  any  street  or  streets,  avenue  or  avenues, 
through  which  any  district  trunk  or  outlet  sewer  aforesaid 
has  been  constructed,  bear  a  certain  proportionate  part,  not 
exceeding  two-thirds  of  the  expenses  incurred  by  said  vil- 
lage in  the  construction  of  such  sewer,  then  the  said  board 
of  trustees  shall  appoint  three  persons  as  commissioners, 
who  shall  be  owners  of  freehold  estate,  in  the  said  village, 
liable  to  taxation,  and  not  interested  in  any  land  or  prop- 
erty situated  upon  any  street  or  avenue  through  which  such 
sewer  has  been  constructed.  Each  commissioner  so  appoint- 
ed shall,  immediately  upon  receiving  jiotice  of  his  appoint- 
ment, take  an  oath  before  some  officer  authorized  to  ad- 
minister oaths,  fully  and  faithfully  to  discharge  the  duties 
that  shall  devolve  upon  him  by  such  appointment;  and  the 
said  commissioners  shall  thereupon  proceed  to  view  the 
premises,  and  shall  assess  the  said  fractional  part  of  the  said 
expenses  of  said  improvement  upon  the  owner  or  owners  of 
the  said  several  lots,  pieces  or  parcels  of  land  benefitted,  in 
proportion  to  the  benefit  which,  in  their  opinion,  the  same 
have  derived  or  will  derive  from  the  said  improvement ;  pro- 
vided, however,  that  it  shall  be  lawful  for  said  commission- 
ers to  substitute  in  their  report  for  the  names  of  the  owner 


1G7 

of  any  land,  the  words,  "unknown  owner,"  in  all  cases  where 
after  having  made  diligent  inquiry,  they  have  not  been  able 
to  ascertain  the  name  of  the  owner.  The  commissioners 
shall  make  a  report  in  writing  of  the  assessments  so  made 
and  before  proceeding  to  sign  the  same  shall  give  notice 
through  the  village  newspaper,  which  notice  shall  be  pub- 
lished once  in  each  week  for  two  weeks  successively,  of  the 
time  and  place  wdien  the  parties  interested  can  be  heard; 
and  the  commissioners  shall  at  such  time  and  place  hear 
any  and  all  parties  interested  who  may  appear  before  them 
and  desire  to  be  heard,  and  shall  thereafter  proceed  and 
complete  the  report  and  sign  the  same  and  return  to  said 
board  of  trustees  the  said  report  with  all  the  objections  in 
writing,  which  shall  be  presented  to  and  left  with  them  by 
any  of  the  parties  interested.  The  trustees  shall  thereupon 
examine  the  matter  and  correct  said  report  and  assessment, 
or  send  it  back  to  the  same  or  other  commissioners,  or  con- 
firm the  same  as  they  may  think  just  and  proper;  and  the 
like  proceedings  shall  be  had  when  the  report  of  the  com- 
missioners is  sent  back,  as  in  the  first  instance.  After  the 
trustees  have  finally  corrected  and  confirmed  the  said  re- 
port and  assessment  they  shall  cause  a  list  of  the  assess- 
m*ents  to  be  made  out  according  to  said  report  and  assess- 
ment, as  so  corrected  and  confirmed,  and  shall  deliver  the 
same  to  the  clerk  of  said  village;  and  thereupon  the  said 
assessments  shall  be  a  lien  upon  such  lands  and  shall  be  col- 
lected in  the  same  manner,  as  near  as  may  be,  as  the  assess- 
ments referred  to  in  section  ten  of  title  ten  of  chapter  seven 
hundred  and  seventy-six  of  the  laws  of  eighteen  hundred  and 
seventy,  entitled  *'An  act  to  amend  an  act,  entitled  'An  act 
to  provide  for  the  incorporation  of  villages,'  passed  Decem- 
ber seventh,  eighteen  hundred  and  forty-seven,  and  the  sev- 
eral acts  amendatory  thereof,  so  far  as  the  same  relate  to 
the  village  of  Mount  Vernon,  in  the  county  of  Westchester, 
and  to  declare,  enlarge  and  define  the  powers  and  duties  of 
the  officers  of  said  village  and  to  confirm  and  extend  the 
powers  of  the  corporation  of  said  village,"  are  by  the  pro- 


168 

visions  of  that  section  to  be  collected ;  and  in  case  of  the 
non-payment  of  any  such  assessment  the  said  trustees  shall 
have  the  same  power  to  proceed  by  advertisement  and  sale 
and  otherwise  as  by  said  section  ten  they  are  given  respect- 
ing the  assessment  therein  referred  to.  The  trustees  shall 
determine  upon  and  fix  the  amount  of  compensation  to  be 
paid  the  commissioners  in  all  such  proceedings  and  the 
amount  to  be  paid  them,  together  with  the  costs,  counsel 
fees  and  expenses,  shall  form  a  part  of  the  amount  to  be 
assessed  for  such  improvement.  An  error  or  mistake  made 
by  the  commissioners  to  be  appointed  under  this  title  as  to 
the  ownership  or  description  of  any  premises  mentioned  or 
referred  to  in  their  report  shall  not  affect  or  render  invalid 
any  part  or  portion  of  their  said  report.  The  proceeds  of 
said  assessments  when  collected,  shall  be  applied  only  to  the 
payment  of  the  interest  or  principal  of  said  "sewerage  loan 
bonds;"  or  to  some  purpose  to  which  the  proceeds  of  such 
bonds  are  applicable. 

(Sections  eight,  nine,  ten  and  eleven  of  this  act  were 
repealed  by  chapter  163  of  the  laws  of  1888). 

Section  12.  The  powers  conferred  by  this  act  are  in 
addition  to  and  independent  of  any  of  the  powers  already 
vested  in  said  board  of  trustees  in  relation  to  the  construc- 
tion or  repairs  of  sewers  or  drains  in  said  village,  and  the 
raising  of  money  therefor. 

Section  13.  It  is  further  enacted  that  no  sewage  shall 
be  discharged  directly  or  indirectly  into  Eastchester  creek, 
unless  in  such  form  as  shall  be  approved  by  the  state  board 
of  health ;  and  if  in  the  judgment  of  said  state  board  of  health 
the  sewage  so  discharged  shall  at  any  time  constitute  a  pub- 
lic nuisance,  said  state  board  of  health  may  of  its  own  voli- 
tion, without  the  concurrence  of  said  board  of  trustees,  di- 
rect said  board  of  trustees  to  make  any  change  in  the  method 
or  form  of  the  discharge  of  said  sewage  into  said  creek; 
and  in  the  event  of  such  direction  being  made  it  shall  be  the 
duty  of  said  board  of  trustees  to  cause  said  change  to  be 
made. 


169 

Chapter  598,  Laws  1894. 

AN  ACT  to  amend  chapter  three  hundred  and  sixty-one  of 
the  laws  of  eighteen  hundred  and  sixty-three,  entitled  ''An 
act  to  authorize  the  construction  of  a  railway  and  tracks 
in  the  towns  of  West  Farms  and  Morrisania  as  subse- 
quently amended." 

Became  a  law  May  9,  1894. 

Section  i.  The  title  of  chapter  three  hundred  and 
sixty-one  of  the  laws  of  eighteen  hundred  and  sixty-three, 
entitled  "An  act  to  authorize  the  construction  of  a  railway 
and  tracks  in  the  towns  of  West  Farms  and  Morrisania,  as 
subsequently  amended,"  is  hereby  amended  to  read  as  fol- 
lows: "An  act  to  authorize  the  construction  of  a  railway 
and  tracks  in  the  town  of  West  Farms,  Morrisania,  West- 
chester, East  Chester  and  Mount  Vernon." 

Section  2.  Any  and  all  proceedings  heretofore  taken 
in  substantial  compliance  with  the  provisions  of  chapter 
three  hundred  and  sixty-one  of  the  laws  of  eighteen  hun- 
dred and  sixty-three,  as  now  amended,  are  hereby  approved, 
ratified  and  confirmed. 

Section  3.     This  act  shall  take  efifect  immediately. 

Chapter  12  of  Laws  of  1895. 

AN  ACT  to  legalize,  ratify  and  confirm  the  action  and  vote 
of  the  electors  of  the  city  of  Mount  Vernon  in  the  state 
of  New  York  and  the  action  and  proceedings  o!  the  board 
of  education  of  said  city  in  respect  to  the  issuing  and  sale 
of  bonds  under  section  two  hundred  and  twenty-nine  (K) 
of  chapter  ten,  of  the  laws  of  eighteen  hundred  and  ninety- 
four,  for  the  construction  of  school  buildings,  et  cetera, 
in  said  city. 

Became  a  law  February  14,  1895. 

Section  i.  The  vote  of  the  electors  of  the  city  of 
Mount  Vernon,  in  the  state  of  New  York,  cast  at  the  gen- 
eral city  election  held  in  and  for  said  city,  on  the  fifteenth 
day  of  May,  eighteen  hundred  and  ninety-four,  in  respect 
and  reference  to  the  raising  of  fifty  thousand  dollars  for  the 


170 

improvement  of  certain  school  sites  in  said  city,  as  provided 
by  section  two  hundred  and  twenty-nine  (K)  of  chapter  ten 
of  the  laws  of  eighteen  hundred  and  ninety-four,  and  the 
proceedings  of  the  officers  of  said  city  and  the  board  of 
education  of  said  city  had  and  taken  prior  to  providing  for 
the  voting  of  the  electors  upon  the  question  of  such  appro- 
priations, and  the  notice  of  such  election  and  the  issuance 
of  bonds  by  said  board  of  education  pursuant  to  the  vote 
thereon  at  such  election,  so  far  as  it  related  to  such  appropri- 
ations are  in  all  respects  hereby  legalized,  ratified  and  con- 
firmed and  shall  for  all  purposes  whatsoever  be  held  and 
deemed  as  legal  and  valid  as  though  such  action  and  pro- 
ceedings, election  and  notice  had  in  all  respects  been  in  form 
and  had  been  done,  made  and  taken  as  provided  by  sec- 
tion two  hundred  and  twenty-nine  (K)  of  chapter  ten  of  the 
laws  of  eighteen  hundred  and  ninety-four,  and  as  though  the 
resolution  of  said  board  of  education  and  the  notice  required 
by  said  section  two  hundred  and  twenty-nine  (K)  of  chapter 
ten  of  the  laws  of  eighteen  hundred  and  ninety-four  had  been 
duly  incorporated  in  the  notice  of  such  election  and  publish- 
ed therewith  as  required  by  said  act. 

Section  2.  The  issue  of  bonds  to  the  extent  of  forty- 
five  thousand  dollars  by  the  board  of  education  of  said  city, 
pursuant  to  the  vote  cast  at  said  election,  and  the  sale  there- 
of and  all  proceedings  had  and  taken  in  the  said  issuing  and 
sale  thereof  are  in  all  respects  legalized,  ratified  and  con- 
firmed and  said  bonds  shall  become  and  be  a  valid  legal 
obligation  of  said  city  of  Mount  Vernon,  to  be  paid  in  the 
manner  prescribed  by  law  for  the  payment  of  such  indebted- 
ness. 

Section  3.     This  act  shall  take  efTect  immediately. 

Chapter  774,  Laws  1896. 

AN  ACT  in  relation  to  supplying  the  city  of  Mount  Ver- 
non with  pure  and  wholesome  water. 
Became  a  law  May  20,  1896. 

Section  i.  Within  ten  days  after  the  passage  of  this 
act  the  mayor  of  the  city  of  Mount  Vernon  shall  appoint, 


171 

with  the  consent  of  the  common  council,  five  citizens  and 
freeholders,  one  from  each  ward,  who  reside  in  and  own 
real  property  in  the  city  of  Mount  Vernon,  who  shall  consti- 
tute a  commission  to  ascertain  from  what  source  or  sources 
and  in  what  way  or  Avays  the  city  of  Mount  Vernon  can  best 
obtain  an  ample,  suitable  and  sufficient  supply  of  pure  and 
wholesome  water,  and  also  to  determine  the  probable  cost 
thereof.  The  said  commission  shall  be  known  and  desig- 
nated as  "the  water  commission  of  the  city  of  Mount  Ver- 
non." 

Section  2.  A  majority  of  the  members  of  said  commis- 
sion shall  be  a  quorum  for  the  transaction  of  business.  If 
the  ofiRce  of  any  of  said  commissioners  shall,  for  any  cause, 
become  vacant,  the  mayor  of  the  city  of  Mount  Vernon  shall 
have  the  power  to  fill  the  vacancy  by  appointment  with  the 
consent  of  the  common  council.  Before  entering  on  their 
duties  each  commissioner  shall  take  and  subscribe  the  con- 
stitutional oath  of  office  and  file  the  same  with  the  city  clerk. 
Any  of  said  commissioners  may  be  removed  from  office  for 
cause  by  the  said  mayor,  with  the  consent  of  the  common 
council,  after  having  notice  and  opportunity  to  be  heard 
upon  the  charges  preferred. 

Section  3.  The  commissioners  shall  choose  one  of  their 
number  as  president  of  said  board  and  one  as  treasurer,  and 
shall  appoint  a  secretary  and  such  other  officers,  agents  and 
employees  as  they  deem  necessary,  and  shall  fix  their  com- 
pensation, which  may  be  altered  or  abolished  in  the  discre- 
tion of  the  board.  The  treasurer  shall  furnish  a  bond  in  such 
amount  as  the  said  board  of  commissioners  shall  prescribe, 
conditioned  for  the  faithful  performance  of  his  duties  as  such 
treasurer,  said  bond  to  be  approved  by  said  board.  The 
members  of  said  board  shall  serve  without  pay,  but  shall  be 
allowed  their  reasonable  expenses. 

Section  4.  The  office  of  water  commissioner  shall  be- 
come vacant  upon  the  death,  resignation  or  removal  from 
said  city  of  such  water  commissioner,  or  upon  his  ceasing  to 
be  a  free  holder  thereof,  or  becoming  incapacitated  from 
performing  the  duties  of  his  office. 


172 

Section  5.  The  said  commissioner  shall  report  to  the 
mayor  and  common  council  of  the  city  of  Mount  Vernon 
such  plans,  systems  and  sources  of  water  supply  so  investi- 
gated by  it,  as  in  its  judgment  may  be'most  feasible  and  the 
best  adapted  to  supply  the  requisite  quantity  and  quality  of 
water  for  said  city,  clearly  specifying  and  describing  each 
plan,  system  and  source  so  investigated  as  aforesaid,  the 
advantages  and  disadv^antages  of  each,  the  probable  expenses 
of  each  method  and  of  supply  from  each  source,  including 
the  cost  of  purchase  and  condemnation  of  lands  for  that 
purpose,  and  shall,  in  the  said  report,  state  the  plan,  system 
and  source- which  the  said  commission  deem  most  feasible 
and  best  adapted  to  supply  the  requisite  quantity  and  quality 
of  water  for  said  city  and  the  reasons  for  their  conclusion. 
The  said  commission  shall  have  power  to  include  in  any  such 
report  the  lands,  property,  dams,  water  supply,  mains,  la- 
terals and  appurtenances  of  any  water  company  w^hich  now 
supplies  or  which  exists  for  the  purpose  of  supplying  the  said 
city  of  Mount  Vernon  Avith  pure  and  wholesome  water. 

•  Section  6.  The  said  commission,  its  agents,  employees 
and  servants,  are  hereby  authorized  and  empowered  to  enter 
upon  and  pass  over  all  lands,  roads,  streams,  lakes  and  ponds 
within  the  county  of  Westchester  or  adjoining  county,  be- 
longing to  any  person  or  corporation,  in  performing  the 
work  or  duties  authorized  or  imposed  by  this  act.  The  said 
commission  shall  have  power  to  cause  such  surveys,  plans 
and  investigations  to  be  made  as  may  be  necessary  in  order 
to  accomplish  the  purpose  of  supplying  said  city  of  Mount 
Vernon  with  ample,  suitable  and  sufficient  supply  of  pure 
and  wholesome  water. 

Section  7.  In  order  to  carry  into  effect  the  purposes 
of  this  act  and  to  pay  the  expenses  of  such  preliminary  sur- 
veys, maps,  investigation  and  analyses,  the  said  city  of 
Mount  Vernon  shall  have  power  to  issue  bonds  to  such  an 
amount  as  may  be  necessary,  not  exceeding  twenty-five  hun- 
dred dollars.  Said  bonds  shall  be  issued  in  the  name  of  and 
under  the  seal  of  said  city  of  Mount  Vernon,  signed  by  the 
mayor  and  city  clerk,  shall  mature  and  be  payable  within  five 


173 
years  from  their  date,  be  of  such  denomination  and  bear  such 
interest,  not  exceeding-  five  per  centum  per  annum,  as  the 
common  council  shall  determine.  Said  bonds  shall  not  be 
sold  at  less  than  the  par  value  thereof.  The  proceeds  of  the 
said  bonds  shall  be  paid  over  to  the  city  treasurer  of  said 
city  and  credited  to  a  fund  which  shall  be  known  as  the 
"water  fund  account,"  and  shall  only  be  paid  out  on  war- 
rants numbered  consecutively  as  issued  and  signed  by  the 
president  and  treasurer  of  said  commission,  which  warrants 
shall  be  issued  only  when  necessary  for  the  purposes  afore- 
said. 

Section  8.  The  said  commission  shall  make  and  ren- 
der its  said  report  to  the  mayor  and  common  council  of  the 
city  of  Mount  Vernon  on  or  before  the  first  day  of  No- 
vember, eighteen  hundred  and  ninety-six. 

Section  9.     This  act  shall  take  efifect  immediately. 

Chapter  542,  Laws  of  1900. 

AN  ACT  to  ratify  and  confirm  all  the  acts  and  proceedings 
of  the  trustees  of  Union  Free  School  district  number  five 
formerly  in  the  village  of  West  Mount  Vernon,  now  a  part 
of  the  city  of  Mount  Vernon,  New  York,  in  disposing^ 
selling  and  conveying  of  the  lot  of  land  known  as  lot  num- 
ber twenty-five  on  map  of  West  Mount  Vernon,  formerly 
in  the  town  of  Eastchester,  Westchester  county.  New 
York. 

Became  a  law  April  19,  1900. 

Section  i.  All  the  acts  and  proceedings  of  the  trus- 
tees of  Union  Free  School  district  number  five,  formerly  of 
West  Mount  Vernon  in  the  former  town  of  Eastchester, 
now  a  part  of  the  city  of  Mount  Vernon,  New  York,  for  the 
sale  and  conveyance  and  the  execution  and  delivery  of  the 
deed  of  ''all  that  certain  lot,  piece  or  parcel  of  land  situate, 
lying  and  being  in  the  city  of  Mount  Vernon,  county  of 
Westchester  and  state  of  New  York,  and  known  on  a  cer- 
tain map  entitled  'map  of  West  Mount  Vernon,  lying  in 
the  town  of  Eastchester,  county  of  Westchester  and  state 
of  New  York,  filed  in  the  clerk's  (now  register's)  office  of 


174 

the  county  of.  Westchester,  for  the  Teutonia  Homestead  As- 
sociation by  Gustavus  A.  Sacchi,  March,  eighteen  hundred 
and  fifty-two,'  as  lot  number  twenty-five.  The  premises  here- 
by conveyed  being  bounded  and  described  as  follows,  on 
said  map,  namely :  Southeasterly  by  lot  number  ten,  seven- 
ty-one feet  and  nine  inches;  southwesterly  by  lot  number 
twenty-four,  one  hundred  and  forty-two  feet  and  nine  inches ; 
northwesterly  by  Union  street  (now  North  High  street) 
seventy-one  feet  and  nine  inches;  and  northeasterly  by  lot 
number  twenty-six,  one  hundred  and  thirty-five  feet.  Be 
the  said  several  dimensions  more- or  less."  Are  hereby  legal- 
ized, ratified  and  confirmed  and  shall  be  of  the  same  force 
and  effect  as  though  all  of  said  proceedings  had  been  taken 
in  conformity  with  the  statute  then  in  force  at  the  time  of 
taking  such  proceedings.  . 

Section  2.     This  act  shall  take  effect  immediately.* 

Chapter  581,  Laws  1900. 

AN  ACT  for  the  relief  of  the  Vernon  Park  Congregational 
Church  of  the  city  of  Mount  Vernon,  New  York,  a  reli- 
gious corporation. 

Became  a  law  April  23,  1900. 

Section  I.  The  real  estate  of  the  Mount  Vernon 
Heights  Congregational  Church  of  the  city  of  Mount  Ver- 
non, New  York,  situated  in  Vernon  Park  in  the  city  of 
Mount  Vernon,  and  owned  and  used  solely  for  church  pur- 
poses, is  hereby  released  and  discharged  from  any  and  all 
assessments  for  public  improvements  heretofore  levied  and 
assessed,  and  now  unpaid,  and  any  future  assessments  that 
may  be  levied  and  assessed  thereon. 

Section  2.     This  act  shall  take  effect  immediatelv. 


Chapter  247,  Laws  il 
AN  ACT  to  establish  "a  sinking  fund  commission"  in  the 
city  of  Mount  Vernon,  and  providing  for  the  investment 
of  the  money  in  the  sinking  fund  of  said  city. 

Became  a  law  April  12  1898. 
,      Section   i.     There    shall    be    a    Ijoard    in    the    city    of 


175 

Mount  V^ernon  to  be  known  as  the  ''commissioners  of  the 
sinking  fund  of  the  city  of  Mount  Vernon."  Said  board 
shall  consist  of  the  mayor,  the  president  of  the  board  of 
aldermen,  the  chairman  of  the  finance  committee  of  said 
board  of  aldermen,  the  comptroller  and  the  city  treasurer. 
The  mayor  of  the  city  shall  be  the  president  of  said  board 
and  the  comptroller  the  secretary  thereof.  Whenever  said 
board  shall  by  a  majority  vote  decide  that  any  portion  of  the 
moneys  now  to  the  credit  of  the  sinking  fund  of  said  city  of 
Mount  Vernon,  or  hereafter  placed  to  the  credit  of  said 
fund,  as  provided  by  law,  shall  be  invested  in  any  United 
States  government,  state,  county  or  municipal  bonds,  they 
shall  certify  to  the  common  council,  under  the  hand  of  their 
])resident  and  secretary,  the  character  of  the  bonds  to  be 
purchased,  the  rate  of  interest  on  the  same,  the  maturity 
thereof,  and  such  other  explanation  in  detail  as  may  be 
necessary  to  properly  describe  the  same.  The  common  coun- 
cil of  said  city  upon  receipt  of  said  certificate,  shall  there- 
upon provide  for  the  purchase  of  such  securities  out  of  said 
fund,  as  recommended  by  said  board  of  sinking  fund  com- 
missioners, and  said  bonds  shall  thereupon  be  placed  to  the 
credit  of  said  fund  and  become  the  property  of  the  city  of 
Mount  Vernon,  and  all  such  bonds  purchased  by  said  sink- 
ing fund  commissioners  shall  be  deposited  in  the  designated 
depositories  of  the  city  of  Mount  Vernon  in  the  care  of  the 
city  treasurer.  Whenever  it  shall  become  necessary  to  dis- 
pose of  any  bonds  so  held  to  meet  any  outstanding  bonds 
due  from  the  city  of  Mount  Vernon,  which  are  payable  out 
of  said  sinking  fund,  the  said  commissioners  may  and  they 
are  hereby  authorized  to  sell  any  bonds  or  other  obligations 
so  purchased  as  aforesaid  and  held  by  said  city  in  such  man- 
ner as  they  may  deem  advisable  at  not  less,  however,  than 
the  par  value  thereof,  and  interest  thereon  remaining  unpaid, 
unless  so  directed  by  common  council  and  the  proceeds  of 
said  bonds  so  sold  shah  be  at  once  placed  to  the  credit  of 
the  said  sinking  fund  of  said  city  and  so  much  thereof  as 


170 

may  be  necessary,  used  for  the  purpose  of  paying  any  such 
maturing  bonds  or  obHgations. 

Section  2.     This  act  shall  take  effect  immediately. 

Chapter  443,  Laws  1898. 

AN  ACT  for  the  relief  of  the  Young  Men's  Christian  As- 
sociation of  Mount  Vernon,  New  York,  a  religious,  chari- 
table and  benevolent  corporation. 

Became  a  law  April  22,  1898. 

Section  i.  The  real  estate  of  the  Young  Men's  Chris- 
tian Association  of  Mount  Vernon,  New  York,  situate  in 
the  city  of  Mount  Vernon,  New  York,  is  hereby  released 
and  discharged  from  any  and  all  taxes  and  assessments 
levied  and  assessed  thereon  prior  to  and  including  the  year 
eighteen  Hundred  and  ninety-four,  and  now  unpaid. 

Section  2.     This  act  shall  take  eflfect  immediately. 

Chapter  69,  Laws  1901. 
Became  a  law  March  7,  1901. 

Section  i.  Section  one  of  chapter  seven  hundred  and 
ten  of  the  laws  of  eighteen  hundred  and  ninety-five,  entitled 
"An  act  to  establish  the  office  of  comptroller  in  the  city  of 
Mount  Vernon  providing  for  the  appointment  of  such  offi- 
cer and  defining  his  rights  and  duties,"  is  hereby  amended 
to  read  as  follows: 

Section  i.  On  and  after  the  next  city  election  in  the 
city  of  Mount  Vernon,  a  resident  citizen  of  said  city  shall 
be  elected  as  comptroller  of  said  city.  The  term  of  office 
of  the  comptroller  to  be  chosen  at  the  next  city  election 
after  the  passage  of  this  act,  shall  expire  on  the  ninth  day  of 
November,  nineteen  himdred  and  three,  and  shall  commence 
upon  the  expiration  of  the  term  of  the  present  comptroller, 
the  fifteenth  day  of  June,  nineteen  hundred  and  two,  unless 
the  present  incumbent  should,  after  such  election  and  be- 
fore the  termination  of  his  term  of  office  die,  or  for  any 
reason  whatever  be  incapable  of  holding  or  filHng  such  of- 
fice through  disability,  sickness,  absence  or  .disqualification 


177 

or  otherwise,  in  the  event  of  which  contingencies  or  disa- 
bihties  the  person  so  to  be  elected  shall  then  enter  upon  and 
discharge  the  duties  of  said  ofifice  of  comptroller.  The  term 
of  offtce  of  the  comptroller  to  be  chosen  at  the  city  elec- 
tion held  in  November,  nineteen  hundred  and  three  and 
thereafter  shall  be  two  years,  and  shall  commence  on  the 
first  Monday  after  his  election.  The  comptroller  of  said 
city  shall  receive  an  annual  salary  of  two  thousand  dollars 
payable  in  monthly  installments  in  the  same  manner  as  the 
salaries  of  other  officials  of  said  city  are  paid.  He  shall 
be  provided  by  the  common  council  of  said  city  with  pro- 
per office  room  and  stationery.  Before  entering  upon  the 
discharge  of  his  duties  he  shall  take  and  file  with  the  city 
clerk  the  constitutional  oath  of  office  and  enter  into  a  bond 
of  ten  thousand  dollars  to  be  approved  by  the  common  coun- 
cil conditioned  for  the  faithful  performance  of  his  duty  as 
such  comptroller.  He  shall  faithfully  discharge  all  of  the  du- 
ties herein  imposed  upon  him  and  such  other  duties  apper- 
taining to  the  financial  affairs  of  the  city,  as  the  common 
council  may  from  time  to  time  ordain.  He  shall  keep  a  separ- 
ate account  with  every  department  for  which  funds  are  espe- 
cially raised  by  tax,  or  from  which  funds  are  raised  by  assess- 
ment for  local  or  other  improvements.  All  bills  and  claims 
that  have  been  presented  to  the  common  council  shall  before 
action  thereon  be  referred  to  the  comptroller  for  his  ex- 
amination and  he  shall  make  a  report  of  sucli  examination 
to  the  auditing  committee  of  the  common  council  which 
committee  must  finally  audit  all  bills  before  drafts  shall  be 
ordered  drawn.  He  may  examine  any  person  interested  in 
such  bills  or  claims  as  he  may  deem  necessary  under  oath 
or  affirmation  to  ascertain  their  correctness  and  he  is  here- 
by for  such  purposes  given  the  power  to  take  oaths  and  af- 
firmations within  said  city  to  the  same  extent  as  the  com- 
missioners of  deeds  in  cities.  He  shall  require  all  warrants 
or  drafts  presented  for  approval  to  state  particularly  against 
which  funds  said  warrants  or  drafts  are  drawn  and  he  shall 
not  at  any  time  permit  any  moneys  to  be  drawn  from  one 
account  to  pay  the  bills  or  warrants  chargeable  to  another 


178 

account.  The  comptroller  shall  keep  in  a  book  for  that 
purpose,  an  account  of  each  bill,  draft  or  warrant  counter- 
signed by  him  stating  to  what  specific  fund  the  same  is 
chargeable  and  he  shall  not  at  any  time  permit  any  moneys 
lo  be  paid  by  the  treasurer  unless  the  bill  or  draft  or  warrant 
therefor  be  first  countersigned  by  the  comptroller  unless 
otherwise  specially  ordered  by  the  common  council  and 
approved  by  the  mayor  except  principal  and  interest  upon 
the  funded  debts  and  revenue  bonds  of  said  city,  and  when 
any  bonds  or  coupons  are  paid  by  the  treasurer  he  shall  im- 
mediately present  them  to  the  comptroller  for  cancellation. 
He  shall  also  at  least  thirty  and  not  more  than  forty  days 
before  any  annual  city  election  publish  in  book  form  verified 
by  his  oath  or  affirmation,  a  full  and  accurate  statement  of 
the  financial  condition  of  said  city  on  the  first  day  of  the 
month  preceding  showing  the  amounts  of  the  receipts  and 
expenditures  of  the  city  since  the  last  annual  report,  the  sour- 
ces from  which  the  funds  have  been  derived  and  for  what 
purposes  expended ;  such  accounts  to  be  accompanied  by  a 
statement  in  detail  showing  the  several  funds  belonging 
to  the  city,  the  amount  drawn  on  each  fund  and  its  then 
present  condition  when  the  same  are  payable  and  the  rate 
of  interest  on  each  and  he  shall  also  at  the  same  time  in- 
clude in  said  report,  a  statement  of  all  bills  and  claims 
against  the  city  of  Mount  Vernon,  which  shall  have  come 
before  Fim  as  said  comptroller,  or  of  which  he  shall  have 
official  notice  at  or  before  the  making  of  said  report.  He 
shall  also  have  power  upon  a  resolution  of  the  board  of 
common  council  to  examine  into  the  financial  condition  of 
any  department  of  the  city  government  and  for  said  pur- 
pose may  issue  a  subpoena  and  compel  the  production  of 
any  books  or  papers  relating  to  said  department,  and  ex- 
amine under  oath  any  witness  he  may  deem  necessary  in 
relation  thereto  as  in  this  act  heretofore  provided  for  the 
examination  of  claimants.  He  shall  also  report  on  the  first 
day  of  each  month  the  amounts  that  have  been  drawn  from 
the  several  specific  funds  of  said  city,  and  from  the  general 
fund,  and  the  balance  remaining  unexpended,  if  any,  which 


179 

may  be  applicable  to  the  expenses  of  the  current  year.  A 
list  of  all  bonds  that  may  be  issued  by  the  city  shall  be  kept 
in  the  comptroller's  ofBce,  where  it  shall  be  filed  in  the  of- 
fice of  the  comptroller  and  he  shall  keep  a  book  in  which 
shall  be  copied  all  such  bonds  so  filed. 

Section  2.  Section  two  of  said  chapter  seven  hundred 
and  ten  of  the  laws  of  eighteen  hundred  and  ninety-five  is 
hereby  amended  to  read  as  follows : 

Section  2.  Any  vacancy  in  the  office  of  the  comptrol- 
ler shall  be  filled  by  the  common  council. 

Section  3.     This  act   shall  take  effect  immediately. 

Chapter  489,  Laws  1901. 

AN  ACT  authorizing  and  empowering  the  board  of  educa- 
tion of  tlie  city  of  Mount  Vernon  to  acquire  lands  for  a 
library  site  and  to  issue  bonds  for  the  purpose  of  purchas- 
ing or  otherwise  acquiring  the  same. 
Became  a  law  April  22,  1901. 

Section  i.  The  board  of  education  of  the  city  of 
Mount  Vernon  are  hereby  authorized  and  empowered  to 
borrow  upon  the  faith  and  credit  of  said  city  of  Mount  Ver- 
non such  sum  or  sums,  not  exceeding  in  the  aggregate  twen- 
ty thousand  dollars,  as  may,  in  their  judgment,  be  necessary 
for  the  purpose  of  purchasing  lands  in  said  city  for  a  site  for 
a  library. 

Section  2.  The  said  bonds  shall  be  due  and  payable 
thirty  years  from  the  date  thereof,  and  shall  bear  interest 
at  such  a  rate  of  interest,  not  exceeding  four  per  centum  per 
annum,  as  the  said  board  of  education  shall,  by  a  majority 
vote  of  all  the  members  thereof  determine.  The  said  bonds 
or  any  part  thereof  may  be  sold  by  the  said  board  of  educa- 
tion in  such  manner  as  it  may  deem  best  but  not  less  than 
the  par  value  thereof  with  accrued  interest,  if  any.  The 
said  bonds  shall  be  exempt  from  taxation. 

Section  3.  The  said  board  of  aldermen  shall,  on  or  be- 
fore the  first  day  of  May  in  each  year,  file  with  the  city 
clerk  of  said  city  of   Mount   Vernon   a   statement   of  the 


180 

amount  necessary  to  be  raised  to  pay  the  interest  and  prin- 
cipal which  will  become  due  during  the  ensuing  year,  upon 
the  bonds  or  obligations  so  issued  by  said  board  of  educa- 
tion. The  common  council  of  said  city  of  Mount  Vernon 
shall  include  the  said  amount  in  the  annual  city  taxes,  and 
shall  levy  and  collect  the  same  in  each  year  in  the  same 
manner  as  the  city  taxes  are  now  by  law  to  be  levied  and 
collected.  The  said  amount  shall  be  paid  to  the  city  treas- 
urer of  said  city  of  Mount  Vernon,  and  shall  be  used  to  pay 
the  principal  and  interest  on  said  bonds  as  the  same  shall 
fall  due. 

Section  4.  To  secure  the  payment  of  the  said  loans 
the  said  board  of  education  are  hereby  authorized  to  make, 
execute  and  deliver  bonds  of  said  city  of  Mount  Vernon 
which  shall  be  signed  by  the  president  and  the  clerk  of  the 
said  board  of  education  and  shall  be  of  such  amounts  as  the 
said  board  of  education  shall  determine.  The  said  bonds 
shall  be  denominated  "Library  site  bonds  of  the  city  of 
Mount  Vernon"  and  shall  be  numbered  consecutively  as 
issued,  and  a  record  of  said  bonds,  showing  the  number, 
amount,  rate  of  interest  and  the  time  when  payable,  shall 
be  kept  by  the  said  clerk  of  the  board  of  education. 

Section  5.  The  credit  of  the  city  of  Mount  Vernon  is' 
hereby  pledged  for  the  payment  of  such  bonds  as  may  be 
issued  by  authority  of  this  act. 

Section  6.  The  said  board  of  education  is  hereby  au- 
thorized and  empow^ered  with  the  proceeds  of  the  sale  of  said 
bonds  or  any  part  thereof,  to  purchase  lands  for  a  library 
site,  and  improve  the  same. 

Section  7.  The  said  board  of  education  are  hereby 
authorized  and  empowered  to  acquire  by  purchase  any  lands, 
rights  or  easements  necessary  or  requisite  for  the  purpose 
of  carrying  out  the  provisions  or  purposes  of  this  act  at 
such  price  or  prices  as  they  will  deem  fair  and  reasonable; 
and  if  unable  to  do  so,  they  shall  acquire  such  lands,  rights 
or  easements  by  condemnation,  under  the  condemnation 
law. 

Section  8.     This  act  shall  take  effect  immediately. 


181 
Chapter  44,  Laws  of  1902. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  borrow 
money  by  the  issue  of  bonds,  for  the  purpose  of  meeting 
temporary  deficiencies. 

Became  a  law  February  20,  1902. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  and  empowered,  by  resolution 
of  its  body,  to  issue  and  sell  bonds  in  the  name,  in  behalf 
of  and  upon  the  credit  of  said  city,  in  an  amount  not  ex- 
ceeding in  the  aggregate  the  sum  of  one  hundred  and  seven- 
ty-five thousand  dollars  par  value,  so  far  as  the  same  may 
be  determined  advisable  and  necessary  by  said  common 
council,  for  the  purpose  of  paying  all  existing  claims,  law- 
fully due  and  owing  by  said  city,  and  also  for  the  purpose 
of  supplying  and  meeting  all  deficiencies  now  existing  in  the 
various  funds  of  the  treasury  of  said  city,  and  to  provide 
sufficient  funds  to  liquidate  the  necessary  expenses  of  said 
city  for  the  current  fiscal  year;  and  the  proceeds  of  said 
bonds  shall  be  applied  by  said  common  council  for  the 
objects  and  purposes  herein  stated,  and  for  no  other  pur- 
pose; except  that  part  of  the  proceeds  of  said  bonds  may, 
in  the  discretion  of  the  common  council,  be  applied  as  fol- 
lows :  To  pay  any  deficiency  that  may  exist  in  the  fund  ap- 
propriated for  the  support  of  the  fire  department  for  the 
fiscal  year  ending  April  thirtieth,  nineteen  hundred  and 
three,  and  for  the  installation  of  an  adequate  fire  alarm  sys- 
tem, a  sum  not  exceeding  five  thousand  dollars;  for  the 
construction  of  a  sewer  in  said  city  to  relieve  the  conditions 
now  existing  on  East  Third  street  and  vicinity,  a  sum  not 
exceeding  ten  thousand  dollars;  to  pay  the  interest  on  the 
bonds  of  said  city  accruing  prior  to  May  first,  nineteen  hun- 
dred and  three,  that  cannot  be  paid  out  of  the  sinking  fund 
or  the  contingent  fund,  such  sum  as  may  be  necessary  to 
pay  such  interest ;  such  sums  as  may  be  necessary  to  pay 
judgment  drafts  issued  for  judgments  obtained  against  said 
city,  for  deficiency  claims  due  by  said  city  prior  ta  May 
first,  nineteen  hundred  and  two;  and  twenty  thousand  dol- 


182 

lars  to  be  applied  in  paying  cost  of  investigation  into  the 
financial  condition  of  said  city  now  being  conducted  by  a 
certified  public  accountant  under  the  direction  of  the  com- 
mon council.     (As  amended  by  Chapter  114,  Laws  1903). 

Section  2.  Said  bonds  shall  be  issued  in  the  name  and 
under  the  seal  of  said  city,  signed  by  the  mayor  and  comp- 
troller thereof,  and  shall  be  for  the  sum  of  one  thousand 
dollars  each,  with  interest  coupons  attached.  They-  shall 
be  payable  at  such  time  within  forty  years  from  their  date, 
as  the  common  council  shall  determine,  with  interest  pay- 
able semi-annually  at  a  rate  not  exceeding  four  per  centum 
per  annum;  and  the  principal  and  interest  thereof  shall  be 
payable  at  the  office  of  the  city  treasurer  of  said  city.  They 
shall  be  numbered  consecutively  from  one  to  the  highest 
numbered  issued,  and  be  known  and  designated  as  "deficien- 
cy bonds,''  and  be  in  such  form  as  the  common  council  shall 
prescribe,  and  shall  contain  a  recital  that  they  are  issued 
pursuant  to  and  in  conformity  with  the  provisions  of  this 
act,  which  recital  shall  be  conclusive  evidence  of  their  va- 
lidity, and  of  the  regularity  of  their  issue ;  and  the  comp- 
troller of  said  city  shall  keep  a  record  in  his  office  of  the 
number  of  each  bond,  its  date,  amount,  rate  of  interest,  when 
payable  and  the  name  of  the  purchaser  thereof. 

Section  3.  Said  common  council  shall  sell  and  dispose 
of  said  bonds,  or  any  part  thereof,  at  not  less  than  par  and 
accrued  interest,  at  public  auction,  or  by  sealed  proposals, 
after  giving  at  least  ten  days'  notice  thereof,  to  be  pubHshed 
in  the  two  official  newspapers  of  said  city  at  least  twice,  and 
by  such  other  notice  as  the  common  council  shall  deem  pro- 
per to  give. 

Section  4.     This  act  shall  take -effect  immediately. 

Chapter  482,  Laws  1903. 

AN  ACT  entitled  *'An  act  in  regard  to  the  vacating  and 
modifying  assessments  for  local  improvements  other  than 
those   confirmed  by  a   court   of  record,"   in  the   city   of 


183 

Mount  Vernon,  county  of  Westchester  and  state  of  New 
York. 

Became  a  law  May  8,  1903. 

Section  i.  No  suit  or  action  in  the  nature  of  a  bill  in 
equity  or  otherwise  shall  be  commenced  for  the  vacation  of 
any  assessment  in  the  said  city  of  Mount  Vernon,  or  to  re- 
move a  cloud  upon  title  arising  or  claimed  to  exist  by  reason 
of  any  such  assessment ;  but  owners  of  property  shall  be 
confined  to  their  remedies  in  such  cases  to  the  proceedings 
specified  under  this  act. 

Section  2.  If,  in  the  proceedings  relative  to  any  as- 
sessments for  local  improvements,  or  in  the  proceedings  to 
collect  the  same,  any  fraud  or  substantial  error  shall  be  al- 
leged to  have  been  committed,  the  party  feeling  aggrieved 
thereby  may  apply  to  a  justice  of  the  supreme  court  m 
special  term  or  in  vacation,  who  shall  thereupon,  upon  due 
notice  to  the  corporation  counsel,  proceed  forthwith  to  hear 
the  proofs  and  allegations  of  the  parties.  If,  upon  such 
hearing,  it  shall  appear  that  the  alleged  fraud  or  substantial 
error,  other  than  such  errors  as  are  specified  in  the  next 
section,  has  been  committed  as  provided  in  this  act,  the  said 
assessment  shall  be  vacated  or  modified,  and  the  lien  created 
thereby,  or  by  any  subsequent  proceedings  shall  cease,  or  be 
reduced  as  hereinafter  provided  as  the  case  may  be.  If,  upon 
such  hearing,  it  shall  appear  that,  by  reason  of  any  alleged 
irregularity,  the  expehse  of  any  local  improvement  has  been 
unlawfully  increased,  the  judge  may  order  that  such  assess- 
ment upon  the  lands  of  said  aggrieved  party  be  modified 
by  deducting  therefrom  such  sum,  as  is  in  the  same  propor- 
tion to  such  assessment  as  is  the  whole  amount  of  such  un- 
lawful increase  to  the  whole  amount  of  the  expense  of  such 
local  improvement.  Any  order  that  may  be  made  by  a  jus- 
tice under  authority  of  this  section  shall  be  filed  in  the  of- 
fice of  the  county  clerk  of  the  county  in  which  the  lands  are 
situated,  and  after  the  filing  of  a  certified  copy  thereof  with 
the  officer  having  charge  of  the  collection  of  such  assess- 
ment, it  shall  be  his  dutv  to  cancel  or  reduce  the  assessment, 


T84 

as  required  by  the  order,  or  to  do  any  other  act  required 
thereby. 

Section  3.  No  assessment  heretofore  made  or  im- 
posed, or  which  shall  hereafter  be  made  or  imposed  for  any 
local  improvement  or  other  public  work,  already  completed 
or  now  being  made  or  performed,  or  which  shall  hereafter 
be  made,  done  or  performed,  shall  hereafter  be  vacated,  or 
set  aside  for  or  by  reason  of  any  omission  to  advertise,  or 
irregularity  in  advertising  any  ordinance,  resolution,  notice 
or  other  proceeding  relative  to  or  authorizing  the  improve- 
ment or  work  for  which  such  assessment  shall  have  been 
made  or  imposed  or  for  proposals  to  do  the  work, 
or  for  or  by  reason  of  the. omission  of  any  officer  to  perform 
any  duty  imposed  upon  him,  or  for  or  by  reason  of  any  de- 
fect in  the  authority  of  any  department  or  officer  upon  whose 
action  the  assessment  shall  be  in  any  manner  or  to  any  ex- 
tent dependent,  or  for  or  by  reason  of  any  omission  to  com- 
ply with  or  carry  out  any  detail  of  any  law  or  ordinance,  or 
for  or  by  reason  of  any  irregularity  or  technicality,  except 
only  in  cases  in  which  fraud  shall  be  shown  and  in  case  of 
any  assessment  for  repaving  any  street  or  public  place,  upon 
property  for  which  an  assessment  has  once  been  paid  for 
paving  the  same  street  or  public  place ;  and  all  property  in 
said  city  benefited  by  any  improvement  or  other  public  work 
already  completed,  or  now  being  made  or  performed,  and 
hereafter  made,  done  or  performed,  except  as  aforesaid,  shall 
be  liable  to  assessment  for  such  improvement  or  work  and 
all  assessments  for  any  such  improvement  or  other  public 
work  shall  be  valid  and  binding  notwithstanding  any  such 
omission,  irregularity,  defect  in  authority  or  technicality. 
No  assessment  shall  be  vacated  by  reason  of  fraud  or  ir- 
regularity in  the  proceedings  to  collect  the  same  by  sale  of 
the  assessed  premises;  but  upon  proof  of  such  fraud  or  ir- 
regularity, such  sale  shall  be  set  aside  and  the  respective 
rights  and  liabilities  of  the  assessed  person  and  of  the  city 
of  Mount  Vernon,  shall,  become  and  be  the  same  as  if  such 
sale  had  not  been  made. 

Section  4.     Any  person  applying  for  relief  under  the 


185 

provisions  of  this  act,  may  embrace  in  one  proceeding  any 
and  all  assessments  for  local  improvements  in  which  he  is 
interested. 

Section  5.  No  court  shall  vacate  or  reduce  any  assess- 
rnent  in  fact,  or  apparent,  whether  void  or  voidable  on  any 
property  for  any  local  improvement,  otherwise  than  to  re- 
duce any  such  assessment  to  the  extent  that  the  same  may 
be  show'U  by  parties  complaining  thereof  to  have  been  in 
lact  increased  in  dollars  and  cents  by  reason  of  fraud  or  sub- 
stantial error;  and  in  no  event  shall  that  proportion  of  any 
such  assessment,  which  is  equivalent  to  the  fair  value  or  fair 
cost  of  any  local  improvement,  with  interest  at  eight  per 
centum  per  annum  from  the  date  of  the  confirmation  to  the 
date  of  the  final  order  of  reduction,  and  seven  per  centum 
thereafter,  be  disturbed  for  any  cause.  The  provisions  of 
this  section  shall  apply  to  actions  to  recover  money  paid  for 
^assessments,  and  the  amount  recovered  shall  be  limited  to 
the  excess  over  the  fair  value  or  fair  cost  of  the  improve- 
ment. 

Section  6.  All  proceedings  to  vacate  or  reduce  assess- 
ments hereafter  levied  or  assessed  in  the  city  of  Mount  Ver- 
non must  be  brought  within  one  year  after  the  confirmation 
thereof  and  all  proceedings  to  vacate  or  reduce  assessments 
heretofore  levied"  or  assessed  shall  be  commenced  within  one 
year  after  this  act  shall  take  eiifect  and  no  action  or  proceed- 
ing to  vacate  or  reduce  any  assessment  heretofore  or  here- 
after levied  or  assessed  shall  be  maintained  after  the  expira- 
tion of  the  times  severally  above  limited. 

Section  7.  No  assessment  for  the  repaving  heretofore 
or  hereafter  of  any  street  or  avenue  in  the  city  of  Mount 
Vernon  shall  be  vacated  or  set  a^de  because  of  the  previous 
paving  of  said  street  or  avenue  pursuant  to  an  act  of  the 

I  legislature  at  the  time  when  said  street  or  avenue  was  not 
within  the  corporate  limits  of  the  said  city  of  Mount  Vernon 
and  re-paving  shall  only  be  construed  to  have  been  done  and 
jDerformed  and  an  assessment  therefor  made  a  general  charge 
upon  said  city  of  Mo.unt  Vernon,  when  said  street  or  avenue 
i 


18G 

had  been  heretofore  paved  by  the  city  of  Mount  Vernon 
after  its  incorporation  as  a  city. 

Section  8.  Any  lands  which  may  be  discharged  from 
any  Hen  for  an  assessment  for  any  local  improvement  may  be 
again  assessed,  in  the  manner  provided  by  law,  for  such 
amount  as  would  have  been  justly  chargeable  if  fraud  or  ir- 
regularity had  not  been  committed ;  and  the  amount  so  as- 
sessed shall  be  a  lien  on  said  lands  until  paid,  and  shall  be 
collectible  in  the  .manner  provided  by  law,  for  the  col- 
lection of  assessments;  but  all  proceedings  to  make  a  new 
assessment  shall  be  at  the  expense  of  the  city. 

Section  9.  The  provisions  of  this  act,  except  such  as 
are  contained  in  section  seven,  shall  not  apply  to  any  action 
or  proceeding  now  pending  to  set  aside  any  of  the  assess- 
ments specified  in  this  act,  except  those  specified  in  said 
section  seven. 

Section  10.  All  acts  or  parts  of  acts  inconsistent  to 
this  act  are  hereby  repealed. 

Section   11.     This  act  shall  take  effect  immediately. 

Chaptei  349,  Laws  1904. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  issue 

bonds  for  the  purpose  of  refunding  bonds  falling  due  on 

or  before  February  first,  nineteen  hundred  and  five,  and 

for  which  no  provision  has  been  made  in  the  sinking  fund. 

Became  a  law  April  16,  1904. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  and  empowered  to  issue  bonds 
upon  the  credit  of  said  city,  to  be  denominated  refunding 
bonds,  to  the  amount  of  outstanding  bonds  falling  due  on  or 
before  February  first,  nineteen  hundred  and  five.  Such  bonds 
shall  be  issued  in  the  name  of  the  city  of  Mount  Vernon 
and  under  its  corporate  seal,  and  shall  be  signed  by  the 
mayor  and  city  clerk,  and  shall  bear  interest  at  a  rate  not  ex- 
ceeding four  per  centum  per  annum,  and  shall  be  payable 
within  not  less  than  ten  nor  more  than  fifteen  vears  from 


187 

date  of  issue,  and  shall  be  of  such  denomination  and  descrip- 
tion as  the  common  council  shall  determine. 

Section,  2.  When  the  common  council  shall  by  resolu-s 
tion  so  determine,  public  notice  inviting  proposals  for  the 
purchase  of  such  bonds  shall  be  given  by  publication  in  the 
official  newspapers  and  in  a  newspaper  of  general  circulation 
in  financial  circles  and  in  such  other  manner  as  the  common 
council  may  prescribe,  and  such  notice  shall  state  that  at 
a  time  and  place  therein  named  the  common  council  will  re- 
ceive sealed  proposals  for  the  purchase  of  such  bonds  and 
will  award  such  l3onds  to  the  highest  bidder  unless  the  said 
common  council  shall,  deem  it  to  be  for  the  interest  of  the 
city  to  reject  such  bid.  The  said  bonds  shall  not  be  sold 
for  less  than  their  par  value  and  accrued  interest. 

Section  3.  The  moneys  received  from  the  sale  of  bonds 
authorized  by  this  act  shall  be  used  only  to  pay  the  principal 
of  bonds  falling  due  on  or  before,  Fel)ruary  first,  nineteen 
hundred  and  five,  and  which  cannot  be  paid  out  of  the 
moneys  in  the  sinking  fund,  and  for  no  other  purpose  whatso-* 
ever  and  for  that  purpose  shall  be  placed  in  an  account  de- 
nominated ''bonds  falling  due  on  or  before  February  first, 
nineteen  hundred  and  five."  No  moneys  in  the  sinking  fund 
shall  be  used  or  paid  out  or  transferred  from  said  fund  for 
any  other  purpose  than  to  pay  principal  or  interest  of  the 
bonds  of  the  city  of  Mount  Vernon  or  of  the  former  village 
of  Mount  Vernon. 

Section  4.     All  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Section   5.     This  act  shall  take  effect  immediately. 

Chapter  459,  Laws  1904. 

AN  ACT  to  amend  chapter  375  of  the  laws  of  1902  entitled 
"An  act  to  provide  for  a  police  pension  fund»for  the  police 
force  of  the  city  of  Mount  Vernon." 

Became  a  law  April  28,  1904. 

Section  i.  Section  one  of  chapter  three  hundred  and 
seventy-five  of  the  laws  of  nineteen  hundred  and  two  -en- 


388 

titled  ''An  act  to  provide  for  a  police  pension  fund  for  the 
police  force  of  the  city  of  Mount  Vernon,"  is  hereby  amend- 
ed so  as  to  read  as  follows : 

Section  i.  The  police  commissioner  of  the  city  of 
Mount  Vernon  together  with  two  other  members,  one  to 
be  appointed  by  the  common  council  of  the  city  of  Mount 
Vernon,  and  one  to  be  chosen  from  the  executive  officers  of 
the  force  by  the  members  of  the  police  force,  said  choice 
to  be  made  and  authenticated  in  conformity  with  regulations 
to  be  adopted  by  the  said  police  commissioner,  shall  be  trus- 
tees of  the  police  pension  fund  hereinafter  mentioned.  Said 
police  commissioner  shall  be  the  treasurer  of  said  trustees 
and  shall,'  before  entering  upon  his  duties  as  such  treasurer, 
and  at  such  other  times  as  the  common  council  of  the  city 
of  Mount  Vernon  may  require,  execute  and  file  in  the  of- 
fice of  the  city  clerk  of  the  city  of  Mount  Vernon  and  in  the 
office  of  the  county  clerk  of  Westchester  county  a  joint  and 
several  bond  to  the  people  of  the  state  of  New  York,  of  some 
surety  company,  duly  authorized  to  do  business  in  the  state 
of  New  York,  to  be  approved  by  said  common  council  and 
in  a  penal  sum  to  be  fixed  by  said  common  council,  condi- 
tioned for  the  faithful  discharge  of  the  duties  of  his  said 
office  and  the  payment  and  promptly  accounting  for  and 
payment  over  and  delivery  of  all  moneys  and  property  re- 
ceived by  him  as  such  officer,  in  accordance  with  law;  and 
such  bond  shall  be  a  joint  and  several  bond  and  the  sureties 
thereupon  shall  with  him  be  jointly  and  severally  liable  for 
the  faithful  discharge  of  the  duties  of  such  treasurer,  and  the 
.payment  and  delivery  to  his  successor  or  to  the  trustee  of 
said  fund,  not  only  during  the  term  of  office  for  which  such 
treasurer  was  appointed,  but  in  case  of  his  re-appointment, 
until  a  new  bond  with  sureties  shall  have  been  again  approv- 
ed and  filed  as  herein  provided.  The  trustees  of  the  police 
pension  fund  sTiall  have  charge  of,  and  administer  such  fund 
and  from  time  to  time  invest  the  same  or  any  part  thereof 
as  they  shall  deem  beneficial  to  said  fund  and  they  are  em- 
powered to  make  all  necessary  contracts  and  take  all  neces- 
sary and  proper  actions  and  proceedings  in  the  premises 


I 


189 

and  to  make  payment  from  such  fund  of  pensions  granted 
in  pursuance  of  this  act.  The  said  trustees  may  and  they 
are,  authorized  and  empowered  from  time  to  time  to  es- 
tabhsh  such  rules  and  regulations  for  the  disposition,  in- 
vestment, preservation  and  administration  of  the  police  pen- 
sion fund  as  they  may  deem  best;  provided,  howeVer,  that 
all  acts  on  the  part  of  said  trustees  in  relation  to  the  invest- 
ment of  or  placing  of  the  fund  shall  be  upon  the  unanimous 
vote  of  said  trustees.  Said  trustees  shall  report  in  detail  to 
the  common  council  of  the  city  of  Mount  Vernon  on  or  be- 
fore the  fifteenth  day  of  January  in  each  year,  the  condition 
of  the  police  pension  fund,  how  invested  and  the  items,  and 
their  disbursements  of  and  on  account  of  the  same.  No  pay- 
ment whatever  shall  be  allowed  to  be  made  by  the  said  trus- 
tees as  reward,  gratuity  or  compensation  to  any  person  or 
persons  for  salary  or  service  rendered  to  or  for  said  trustees, 
except  payment  for  legal  expenses,  and  the  cost  of  procuring 
said  bond  from  a  -surety  company. 

Section  2.  The  moneys,  securities,  and  effects  of  the 
police  pension  fund  and  all  pensions  granted  and  payable 
from  said  fund  shall  be  and  are  exempt  from  execution  and 
from  all  process  and  proceedings  to  enjoin  and  recover  the 
same  by  or  on  behalf  of  any  creditor  or  any  person  having 
or  asserting  any  claim  against  or  debt  or  any  liability  of  any 
pensioner  of  said  fund.  Every  person  who  knowingly  or 
wilfully  procures  the  taking  or  presentation  of  any  false 
affidavit  or  affirmation  concerning  any  claim  for  pension  or 
payment  thereof  shall  in  every  such  case  forfeit  a  sum  not 
exceeding  two  hundred  and  fifty  dollars  to  be  sued  for  and 
recovered  by  and  in  the  name  of  the  said  trustees,  and  when- 
ever received  to  be  paid  over  to  and  thereupon  become  a 
part  of  the  said  police  pension  fund.  Any  person  who  shall 
wilfully  swear  falsely  in  any  oath  or  affirmation  in  obtaining 
or  procuring  any  pension  or  payment  thereof,  under  the  pro- 
visions of  this  act,  shall  be  guilty  of  perjury. 

Section  3.  Section  three  of  the  act  hereby  amended  is 
amended  so  as  to  read  as  follows : 


190 

Section  3.  Yhe  said  police  pension  fund  shall  consist 
of:  . 

1.  All  fines  imposed  by  the  police  commissioner  up- 
on members  of  the  force. 

2.  All  rewards,  fees,  gifts,  testimonials  and  emolu- 
ments that  may  be  presented,  paid  or  given  to  any  member 
of  the  police  force  for  account  of  police  service,  except  such 
as  shall  be  allowed  by  the  police  commissioner  to  be  retained 
by  said  member. 

3.  All  lost  or  stolen  money  remaining  in  the  hands  of 
the  police  commissioner  for  the  space  of  one  year  and  for 
which  there  shall  be  no  lawful  claimant,  and  the  moneys 
arising  from  the  sale  of  unclaimed  property  which  the  police 
commissioner  is  hereby  authorized  to  sell  after  said  property 
shall  have  been  without  a  lawful  claimant  for  the  space  of 
one  year. 

4.  A  sum  of  money  equal  to  one-half  of  the  compen- 
sation of  any  member  of  the  police  force  in  any  month  for 
lost  time  to  be  paid  monthly  to  the  treasurer  of  the  trustees 
of  the  police  pension  fund  from  moneys  deducted  from  the 
pay  of  members  of  the  said  police  force  on  account  of  lost 
time. 

5.  A  sum  of  money  equal  to  but  not  greater  than  two 
per  centum  of  the  monthly  pay,  salary  or  compensation  of 
each  member  of  the  police  force,  which  sum  shall  be  deduct- 
ed monthly  by  the  police  commissioner  from  the  pay,  salary 
or  compensation  of  each  and  every  member  of  the  police 
force,  and  said  police  commissioner  is  hereby,  authorized, 
empowered  and  directed  to  deduct  the  said  sum  of  money 
as  aforesaid,  and  forthwith  to  pay  the  same  to  the  treasurer 
of  the  trustees  of  the  police  pension  fimd. 

6.  A  sum  of  money  annually,  equal  to  but  not  greater 
than  five  per  centum  of  all  excise  moneys,  after  deducting 
rebates  or  returns  received  by  the  city  of  Mount  Vernon 
from  or  on  account  of  the  granting  of  licenses  or  permis- 
sion to  sell  strong  or  spirituous  liquors,  also  wine  or  beer 
and  of  any  moneys  paid  for  taxes   upon  the  business  of 


191 

trafficking  in  or  selling  or  delivering  any  strong  or  spirituous 
liquors,  ale,  wine  or  beer,  and  such  sum  shall  be  paid  upon 
the  receipt  thereof  by  the  treasurer  of  the  city  of  Mount 
Vernon  or  other  person  or  officer  having  the  legal  custody 
thereof,  to  the  treasurer  of  the  trustees  of  the  police  pension 
fund  without  any  action  or  authority  of  or  from  any  other  of- 
ficial, body  or  officer. 

7.  Twenty-five  per  centum  of  all  fines  imposed  for 
violation  of  any  ordinance  of  the  city  of  Mount  Vernon  and 
also  twenty-five  per  centum  of  all  moneys  received  by  the 
said  city  for  Hcenses  to  keep  dogs,  said  moneys  to  be  paid 
by  the  treasurer  of  said  city,  upon  the  receipt  thereof  to 
the  treasurer  of  the  trUvStees  of  the  police  pension  fund,  with- 
out any  action  or  authority  of  or  from  any  other  official, 
body  or  officer. 

Section  4.  Section  four  of  the  act  hereby  amended  is 
hereby  amended  to  read  as  follows : 

*Subdivision  one  of  section  four  of  the  act  hereby 
amended  is  hereby  amended  so  as  to  read  as  follows: 

Section  4.  The  trustees  of  the  police  pension  fund 
created  by  this  act  shall  have  power  to  grant  pensions  as 
hereinafter  provided  to  any  member  of  the  police  force  of 
said  city  of  Mount  Vernon,  as  follows : 

I .  To  any  member  of  the  police  force,  upon  presenta- 
tion of  a  certificate  from  the  police  surgeon,  that  such  mem- 
ber is  permanently  disabled,  physically  or  mentally,  so  as  to 
be  unable  to  perform  active  service  and  upon  a  unanimous 
vote  of  said  trustees  of  the  police  pension  fund  an  annual 
pension  payable  monthly  during  his  lifetime,  or  a  sum  of 
money  equal  to  but  not  less  than  one-half  of  the  full  annual 
salary  or  compensation  received  by  such  member  at  the  time 
he  may  be  so  retired,  and  the  poHce  commissioner  of  the  city 
of  Mount  Vernon  is  hereby  authorized  and  empowered  upon 
such  certificate  of  the  police  surgeon  to  relieve  and  dismiss 
from  said  force  and  service  and  place  on  the  roll  of  the  po- 
lice pension  fund  any  such  member  of  said  police  force  so 
specified  in  such  certificate. 


192 

2.  To  the  widow,  if  any,  or  other  person  dependent  on 
any  member  of  the  poHce  force  who  shall  have  been  killed 
while  in  the  actual  performance  of  police  duty  or  shall  have 
died  from  the  effects  of  any  injuries  received  in  the  actual 
discharge  of  such  duty,  prior  to  the  expiration  of  five  years 
from  the  establishment  of  the  police  pension  fund,  the  sum 
of  five  hundred  dollars  in  full  for  all  claims  or  demands 
against  said  fund.  To  the  widow  of  any  member  of  the  po- 
lice force  who  shall  die  after  five  years  on  such  police  force 
or  who  shall  have  been  retired  upon  a  pension,  if  there  be 
no  child  or  children  under  sixteen  years  of  age,  of  any  such 
member,  the  sum  of  not  exceeding  three  hundred  dollars  per 
annum,  but  if  there  be  any  such  child  of  such  member  under 
the  age  aforesaid  then  the  said  sum  may  be  divided  between 
such  widow,  child  or  children  in  such  proportions  and  in 
such  manner  as  the  said  trustees  may  direct. 

3.  To  any  child  or  children  under  sixteen  years  of  age 
of  such  member  killed  or  dying,  as  aforesaid,  but  leaving  no 
widow,  then  after  her  death,  to  such  child  or  children  being 
under  sixteen  years  of  sge  a  sum  not  to  exceed  three  hun- 
dred dollars  per  annum. 

4.  To  the  mother  depending  for  support  on  such  mem- 
ber killed  or  dying,'  as  aforesaid,  or  pensioner,  as  aforesaid, 
but  leaving  no  widow  or  children,  a  sum  to  be  paid  in  such 
manner  as  the  trustees  may  direct  not  to  exceed  three  hun- 
dred dollars  per  annum  . 

5.  Pensions  to  widows  shall  terminate  when  the  widow 
shall  re-marry,  and  pensions  shall  terminate  whenever  the 
children  shall  respectively  arrive  at  the  age  of  sixteen  years. 

5.  Nothing  in  this  act  contained  shall  be  construed  to 
render  the  city  of  Mount  Vernon  .liable  for  the  payment  of 
any  moneys  whatever,  beyond  the  income  which  shall  be  de- 
rived from  the  said  pension  fund.  No  pension  shall  be 
paid  to  any  member  of  said  police  force  except  from  the  in- 
come to  be  derived  from  the  said  police  pension  fund.  No 
police  officer  shall  receive  or  draw  any  benefit  from  the  said 
fund  untilthe  same  shall  have  been  established  for  a  period 
of  five  years,  and  no  officer  shall  be  eligible  to  participate  in 


193 

said  fund  until  he  shall  have  served  five  years  as  a  member 
of  the  police  force  of  the  city  of  Mount  Vernon. 

Section  6.  Section  six  of  the  act  hereby  amended  is 
hereby  amended  so  as  to  read  as  follows : 

Section  6.  Any  person  having  served  as  a  member  of 
the  police  force  for  the  period  of  twenty-five  years  shall  up- 
on his  request  or  at  the  option  of  the  police  commissioner  of 
said  city  be  retired  from  said  force  and  shall  thereafter  re- 
ceive from  said  fund  a  sum  of  money  monthly  equal  to  one- 
half  of  his  salary  at  the  time  of  such  retirement.  The  time  of 
service  to  date  from  the  time  he  became  a  member  of  the 
police  force  of  said  city. 

Sectiofi  7.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Section  8.     This  act  shall  take  effect  immediately. 

Chapter  8>6,  Laws  of  1905. 
Became  a  law  March  21,  1905. 
AN  ACT  to  authorize  the  common  council  of  the  city  of 
Mount  Vernon  to  use  moneys  now  in  the  deficiency  fund 
of  said  city  to  pay  deficiencies  in  the  sum  appropriated  for 
the  support  of  the  fire  department. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  and  empowered  to  pay  out  of 
the  moneys  now  in  the  treasury  of  the  said  city  being,  the 
proceeds  of  the  sale  of  deficiency  bonds  heretofore  sold  pur- 
suant to  authority  granted  by  chapter  forty-four  of  the  laws 
of  nineteen  hundred  and  two  entitled  "An  act  to  authorize 
the  city  of  Mount  Vernon  to  borrow  money  by  the  issue  of 
bonds,  for  the  purpose  of  meeting  temporary  deficiencies" 
and  acts  amendatory  thereof,  any  deficiency  that  may  exist 
in  the  fund  appropriated  for  the  support  of  the  fire  depart- 
ment of  said  city  for  the  fiscal  years  ending  April  thirtieth, 
nineteen  hundred  and  four  and  April  thirtieth,  nineteen  hun 
dred  and  five,  in  an  amount  not  to  exceed  in  the  aggregate 
the  sum  of  three  thousand  dollars,  or  as  much  of  said  amount 
as  may  be  necessary.- 


194 
Section  2.     All  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Section  3.     This  act  shall  take  efifect  immediately. 

Chapter  Sy  of  Laws  of  1905. 
Became  a  law  March  21,  1905. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  borrow 
money  by  the  issue  of  bonds,  for  the  purpose  of  purchas- 
ing sites  and  erecting  buildings  for  the  use  of  the  fire  and 
police  departments  and  to  provide  a  sinking  fund  to  pay 
principal  and  interest  of  said  bonds. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  and  empowered,  by  resolution 
of  its  body,  to  issue  and  sell  bonds  in  the  name,  in  behalf  of 
and  upon  the  credit  of  said  city,  in  an  amount  not  exceeding 
in  the  aggregate  the  sum  of  one  hundred  thousand  dollars 
par  value,  so  far  as  the  same  may  be  determined  advisable 
and  necessary  by  said  common  council,  for  the  purpose  of 
purchasing  sites  and  erecting  suitable  buildings  for  the  use 
of  the  fire  and  police  departments  of  said  city,  and  for  no 
other  purpose. 

Section  2.  Said  bonds  shall  be  issued  in  the  name  and 
under  the  seal  of  said  city,  signed  by  the  mayor  and  comp- 
troller thereof,  and  shall  be  for  the  sum  of  one  thousand 
dollars  each,  with  interest  coupons  attached.  They  shall 
be  payable  at  such  times,  not  less  than  twenty  years,  nor 
more  than  thirty  years  from  the  date  of  their  issue,  as  said 
common  council  shall  determine,  with  interest  payable  semi- 
annually at  a  rate  not  exceeding  four  per  centum  per  annum, 
and  the  principal  and  interest  thereof  shall  be  payable  at 
the  office  of  the  treasurer  of  said  city.  They  shall  be  num- 
bered consecutively  from  on6  to  the  highest  number  issued. 
and  shall  be  knowm  and  designated  as  "fire  and  police  de- 
partment building  bonds,"  and  be  in  such  form  as  the  com- 
mon council  shall  prescribe,  and  shall  contain  a  recital  that 
they  are  issued  pursuant  to  and  in  conformity  to  the  provi- 
sions of  this  act,  which  recital  shall  be  conclusive  evidence  of 


195 

their  validity,  and  of  the  regularity  of  their  issue;  and  the 
comptroller  of  said  city  shall  keep  a  record  of  the  number 
of  each  bond,  its  date,  amount,  rate  of  interest,  when  pay- 
able, and  the  name  of  the  purchaser  thereof. 

Section  3.  Said  common  council  shall  sell"  and  dis- 
pose of  said  bonds,  or  any  part  thereof,  at  not  less  than 
par  value  and  accrued  interest,  at  public  auction,  or  by  seal- 
ed proposals,  after  giving  at  least  ten  days'  notice  thereof, 
such  notice  to  be  published  at  least  once  in  each  of  the 
official  newspapers  of  said  city,  and  in  some  financial  news- 
paper of  general  circulation  published  in  the  city  of  New 
York. 

Section  4.  While  any  bonds  issued  under  this  act  shall 
remain  unpaid,  the  treasurer  of  said  city  is  hereby  directed 
and  required,  out  of  the  first  one  hundred  thousand  dollars 
in  each  year  received  by  him  from  the  moneys  collected 
under  the  tax  levy  in  such  year,  to  deposit  in  such  bank  or 
banks,  trust  company  or  trust  companies,  as  shall  be  des- 
ignated by  the  common  council,  a  sum  not  to  exceed  the 
amount  now  paid  as  annual  rentals  by  the  fire  and  police 
departments  of  said  city,  which  sum  shall  not  exceed  six 
thousand  dollars  in  any  one  year.  Such  money  shall  -be 
deposited  in  the  name  and  to  the  credit  of  the  city  of  Mount 
Vernon,  and  all  moneys  so  deposited  shall  be  designated 
upon  the  books  of  the  treasurer  and  comptroller  of  said  city 
as  "special  sinking  fund  for  payment  of  principal  and  interest 
of  fire  and  police  department  building  bonds,"  arid  the  prin- 
cipal and  interest  on  bonds  issued  under  authority  of  this  act 
shall  be  paid  out  of  said  fund,  upon  order  of  the  common 
council.  The  common  council  of  said  city  is  forbidden  to 
order  any  warrant  drawn  upon  the  moneys  in  the  special 
sinking  fund  directed  to  be  created  by  this  act,  except  such 
warrant  be  for  the  payment  of  principal  or  interest  upon 
bonds  issued  by  authority  of  this  act,  and  any  alderman 
voting  for,  or  any  official  signing  or  issuing  any  warrant  or 
draft  upon  said  special  sinking  fund  except  for  the  purpose 
authorized  by  this  section  shall  be  guilty  of  a  misdemeanor, 
except  that  any  balance  remaining  in  said  special  sinking 


196 

fund  after  the  principal  and  interest  on  each  and  every  bond 
issued  under  authority  of  this  act  shall  be  fully  paid,  shall  be 
paid  into  the  city  treasury  by  direction  of  the  common 
council. 

Section  5.  All  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Section  6.     This  act  shall  take  effect  immediately. 

Chapter  114  of  the  Laws  of  1905. 
Became  a  law  March  30,  1905. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  issue 
bonds  for  the  purpose  of  refunding  bonds  falling  due  on  or 
before  February  first,  nineteen  hundred  and  six,  and  for 
which  no  provision  has  been  made  in  the  sinking  fund. 
Section  i.     The  common  council  of  the  city  of  Mount 
Vernon,  is  hereby  authorized  and  empowered  to  issue  bonds 
upon  the  credit  of  said  city,  to  be  denominated  refunding 
bonds,  to  the  amount  of  outstanding  bonds  falling  due  on 
or  before  February  first,  nineteen  hundred  and  six.     Such 
bonds  shall  be  issued  in  the  name  of  the  city  of  Mount  Ver- 
non and  under  its  corporate  seal,  and  shall  be  signed  by  the 
mayor  and  city  clerk,  and  shall  bear  interest  at  a  rate  not 
exceeding  four  per  centum  per  annum,  and  shall  be  payable 
within  not  less  than  ten  nor  more  than  fifteen  years  from 
date  of  issue,  and  shall  be  of  such  denomination  and  de- 
scription as  the  common  council  shall  determine. 

Section  2.  When  the  common  council  shall  by  resolu- 
tion so  determine,  public  notice  inviting  proposals  for  the 
purchase  of  such  bonds  shall  be  given  by  publication  in  the 
of^cial  newspapers  and  in  a  newspaper  of  general  circula- 
tion in  financial  circles  and  in  such  other  manner  as  the 
common  council  may  prescribe,  and  in  such  notice  shall 
state  that  at  a  time  and  place  therein  named  the  common 
'council  will  receive  sealed  proposals  for  the  purchase  of 
such  bonds  and  will  award  bonds  to  the  highest  bidder  un- 
less the  said  common  council  shall  deem  it  to  be  for  the 


197 

interests  of  the  city  to  reject  such  bid.  The  said  bonds  shall 
not  be  sold  for  less  than  their  par  value  and  accrued  interest. 

Section  3.  The  moneys  received  from  the  sale  of  bonds 
authorized  by  this  act  shall  be  used  only  to  pay  the  principal 
of  bonds  falling  due  on  or  before  February  first,  nineteen 
hundred  and  six,  and  which  cannot  be  paid  out  of  the 
moneys  in  the  sinking  fund,  and  for  no  other  purpose  what- 
soever, and  for  that  purpose  shall  be  placed  in  an  account 
denominated  bonds  falling  due  on  or  before  February  first, 
nineteen  hundred  and  six.  No  moneys  in  the  sinking  fund 
shall  be  used  or  paid  out  or  transferred  from  said  fund  for 
any  other  purpose  than  to  pay  principal  or  interest  of  bonds 
of  the  city  of  Mount  Vernon  or  of  the  former  village  of 
Mount  Vernon. 

Section  4.  All  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  immediately. 

Chapter  176  of  Laws  of  1905. 
Became  a  law  April  11,  1905. 

AN  ACT  relating  to  the  paving  and  grading  of  streets  and 

highways  in  the  city  of  Mount  Vernon,  and  authorizing 

such  city  to  raise  money  therefor  by  the  issue  of  bonds. 

Section  i.     The  common  council  of  the  city  of  Mount 

Vernon  is  hereby  authorized  and  empowered,  by  resolution 

adopted  by  it,  to  issue  and  sell  bonds  in  the  name,  in  behalf 

and  upon  the  credit  of  said  city,  in  an  amount  not  exceeding 

in  the  aggregate  under  this  act  sixty  thousand  dollars,  not 

more  than  twenty  thousand  dollars  of  which  shall  be  issued 

in  any  one  year,  for  the  purpose  of  paying  one-third  of  the 

cost  of  paving  or  grading  such  streets  of  the  city  as  may  be 

directed  by  the  common  council.     (Amended  by  Ch.  51,  L. 

1907.    See  p.  199). 

Section  2.  Such  bonds  shall  be  issued  in  the  name  and 
under  the  seal  of  said  city,  shall  be  signed  by  ;the  mayor  and 
comptroller  thereof,  and  shall  each  be  for  the  principal  sum 


198 

of  one  thousand  dollars,  with  interest  coupons  attached. 
They  shall  be  payable  at  such  time  within  forty  years  of  their 
date  as  the  common  council  shall  determine,  with  interest  at 
a  rate  not  exceeding  four  per  centum  per  annum,  payable 
semi-annually  and  the  principal  and  interest  thereof  shall  be 
payable  at  the  ofifice  of  the  treasurer  of  said  city.  Said  bonds 
shall  be  numbered  consecutively,  and  shall  be  known  as  high- 
way improvement  bonds,  and  shall  be  issued  in 
such  form  as  the  common  council  of  said  city  shall 
direct,  and  shall  contain  a  recital  that  they  are 
issued  pursuant  to  and  in  conformity  with  the 
provisions  of  this  act,  which  recital  shall  be  conclusive  evi- 
dence of  their  validity  and  of  the  regularity  of  their  issue. 
The  numbering  of  such  bonds  shall  begin  at  the  next  highest 
number  after  the  highest  number  of  highway  improvement 
bonds  heretofore  issued  by  the  city  of  Mount  Vernon,  and 
the  comptroller  of  said  city  shall  keep  a  record  of  the  num- 
ber of  each  bond,  its  date,  amount,  rate  of  interest,  when 
payable,  and  the  name  of  the  purchaser  thereof. 

Section  3.  Said  common  council  shall  sell  and  dispose 
of  said  bonds,  or  any  part  thereof,  at  not  less  than  par  value 
and  accrued  interest,  by  public  auction  or  by  sealed  propo- 
sals, after  giving  at  least  two  weeks'  notice  by  publishing 
once  each  week  for  two  successive  weeks  in  the  official 
newspapers  of  said  city  and  in  such  other  manner  as  the 
common  council  may  determine. 

Section  4.  The  money  received  from  the  sale  of  bonds 
authorized  by  this  act  shall  be  used  for  the  purpose  of  paying 
one-third  of  the  cost  of  paving  or  grading  such  streets  and 
highways  of  said  city  as  may  be  directed  to  be  paved  or 
graded,  by  the  common  council  of  said  city,  upon  petition  of 
persons  owning  one-half  of  the  land  fronting  or  abutting 
upon  such  street  or  highway  as  it  is  proposed  to  improve, 
and  the  other  two-thirds  of  the  cost  of  such  paving  or  grad- 
ing shall  be  assessed  and  be  and  become  a  lien  upon  the 
property  fronting  or  abutting  upon  such  street  or  highway 
so  improved.     The  total  cost  of  such  improvement,   shall 


199 

be  reported  to  the  common  council  by  the  commissioner  of 
public  works,  and  upon  the  confirmation  of  such  report  by 
the  mayor  and  common  council,  the  said  common  council 
shall  direct  an  assessment  to  be  made  of  two-thirds  of  the 
cost  of  such  improvement  against  the  property  fronting  or 
abutting  upon  the  street  or  highway  so  improved  by  the 
assessors  of  said  city.  Such  assessment  shall  be  made  and 
collected  in  the  manner  provided  by  law  for  making  and  col- 
lecting assessments  for  paving  and  grading  streets  in  such 
city. 

Section  5.     This  act  shall  take  effect  immediately. 

Chapter  561  of  the  Laws  of  1905. 
Became  a  law  May  18,  1905. 

AN  ACT  to  authorize  the  transfer  of  unused  balances  to 
the  general  fund  in  the  city  of  Mount  Vernon. 

Section  i.  Whenever  public  moneys  standing  to  the 
credit  of  special  appropriations  in  the  city  of  Mount  Ver- 
non, shall  be  no  longer  required  for  or  applicable  to  the 
same,  any  balance  thereof  may  be  transferred  to  the  gen- 
eral fund  of  said  city  and  drawn  therefrom  and  expended, 
under  the  authority  of  the  common  council,  for  any  pur- 
pose for  which  public  money  may  lawfully  be  applied. 

Section  2.     This  act  shall  take  effect  immediately. 

Chapter  53,  Laws  of  1906. 

Became  a  law  March  14,  1906. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  issue 
bonds  for  the  purpose  of  refunding  bonds  falling  due  on 
or  before  February  first,  nineteen  hundred  and  seven,  and 
for  which  no  provision  has  been  made  in  the  sinking  fund. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon,  is  hereby  authorized  and  empowered  to  issue  bonds 
upon  the  credit  of  said  city,  to  be  denominated  refunding 
bonds,  to  the  amount  of  outstanding  bonds  falling  due  on  or 


200 

before  February  first,  nineteen  hundred  and  seven.  Such 
bonds  shall  be  issued  in  the  name  of  the  city  of  Mount  Ver- 
non and  under  its  corporate  seal,  and  shall  be  signed  by  the 
mayor  and  city  clerk,  and  shall  bear  interest  at  a  rate  not 
exceeding  four  per  centum  per  annum,  and  shall  be  payable 
within  not  less  than  ten  nor  more  than  fifteen  years  from 
date  of  issue,  and  shall  be  of  such  denomination  and  de- 
scription as  the  common  council  shall  determine. 

Section  2.  When  the  common  council  shall  by  resolu- 
tion so  determine,  public  notice  inviting  proposals  for  the 
purchase  of  such  bonds  shall  be  given  by  publication  in  the 
official  newspapers  and  in  a  newspaper  of  general  circulation 
in  financial  circles  and  in  such  other  manner  as  the  com- 
mon council  may  prescribe,  and  in  such  notice  shall  state 
that  at  a  time  and  place  therein  named  the  common  coun- 
cil will  receive  sealed  proposals  for  the  purchase  of  such 
bonds  and  will  award  bonds  to  the  highest  bidder  unless  the 
said  common  council  shall  deem  it  to  be  for  the  interests  of 
the  city  to  reject  such  bid..  The  said  bonds  shall  not  be 
sold  for  less  than  their  par  value  and  accrued  interest. 

Section  3.  The  moneys  received  from  the  sale  of 
bonds  authorized  by  this  act  shall  be  used  only  to  pay  the 
principal  of  bonds  falling  due  on 'or  before  February  first, 
nineteen  hundred  and  seven,  and  which  cannot  be  paid  out 
of  the  moneys  in  the  sinking  fund,  and  for  no  other  pur- 
pose whatsoever,  and  for  that  purpose  shall  be  placed  in  an 
account  denominated  bonds  falling  due  on  or  before  Febru- 
ary first,  nineteen  hundred  and  seven.  No  moneys  in  the 
sinking  fund  shall  be  used  or  paid  out  or  transferred  from 
said  fund  for  any  other  purpose  than  to  pay  principal  or  in- 
terest of  bonds  of  the  city  of  Mount  Vernon  or  of  the  former 
village  of  Mount  Vernon. 

Section  4.  All  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  immediately. 


201 

Chapter  70  of  the  Laws  of  1906. 

Became  a  law  March  15,  1906. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  issue  and 
sell  bonds  for  the  purpose  of  paying  its  proportionate 
share  of  the  costs  and  expenses  incurred  in  constructing 
certain  bridges  between  said  city  and  the  town  of  Pelham. 

Section  i.  The  Common  Council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  by  resolution  to  issue  and  sell 
the  bonds  of  the  said  city  upon  its  faith  and  credit  and  in  its 
corporate  name,  to  an  amount  not  exceeding  thirty  thou- 
sand dollars  par  value,  the  proceeds  of  which  shall  be  applied 
to  the  payment  of  the  said  city's  proportionate  share  of  the 
costs  and  expenses  incurred  in  constructing  certain  bridges 
between  said  city  and  the  town  of  Pelham,  across  the  Hut- 
chinson river. 

Section  2.  Said  bonds  shall  be  either  registered  or 
coupon,  and  be  in  such  form  as  the  common  council  may 
prescribe,  shall  be  signed  by  the  mayor  and  comptroller, 
under  the  corporate  seal,  shall  bear  interest  at  a  rate  not 
exceeding  five  per  centum  per  annum,  payable  semi-annual- 
ly, and  shall  become  due  and  payable  in  whole  or  in  part  at 
such  time  or  times,  not  exceeding  twenty  years  from  their 
date,  and  shall  be  payable  principal  and  interest  at  such 
place,  as  the  common  council  shall  determine ;  and  they  shall 
be  sold  upon  sealed  proposals  upon  such  notice  as  the  com- 
mon council  shall  prescribe,  to  the  highest  and  best  bidder, 
provided,  however,  they  shall  not  be  sold  for  less  than  par 
and  accrued  interest.  Said  bonds  shall  contain  a  recital  that 
they  are  issued  pursuant  to  this  act,  which  recital  shall  be 
conclusive  evidence  of  their  validity. 

Section  3.  Section  five  of  the  general  municipal  law 
shall  not  apply  to  the  issuance  of  said  bonds ;  but  the  com- 
mon council  is  hereby  authorized  and  required  from  year  to 
year  to  levy  an  annual  tax  on  all  the  taxable  property  of 
said  city  subject  to  taxation,  sufficient  in  amount  to  pay  the 
interest  on  such  bonds  as  it  accrues  and  to  pay  the  prin- 
cipal at  maturity. 


202 

Section  4.  The  proceeds  of  the  sale  of  said  bonds,  to- 
gether with  any  premium  thereon,  shall,  after  deducting  the 
costs  and  expenses  of  the  sale,  and  expenses  incidental 
thereto,  be  paid  into  the  city  treasury  and  credited  to  the 
Hutchinson  river  bridge  fund  of  said  city,  and  shall  be  ap- 
plied to  the  payment  of  said  city's  proportionate  share  of 
the  costs  and  expenses  incurred  in  the  construction  of  said 
bridges,  and  the  said  city  is  hereby  required  to  pay  such 
proportionate  share  in  the  proportion  heretofore  adjusted 
or  which  may  hereafter  be  adjusted  between  said  city  and 
said  town.  The  residue  remaining  after  the  payment  of 
said  costs  and  expenses  shall  be  transferred  into  the  sinking 
fund  of  said  city. 

Section  5.  All  acts  and  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Section  6.     This  act  shall  take  effect  irnmediately. 

Chapter  51,  Laws  1907. 

AN  ACT  to  amend  chapter  one  hundred  and  seventy-six  of 
the  laws  of  nineteen  hundred  and  five,  entitled  "An  act 
relating  to  the  paving  and  grading  of  streets  and  high- 
ways in  the  city  of  Mount  Vernon,  and  authorizing  such 
city  to  raise  money  therefor  by  the  issue  of  bonds." 

Became  a  law  March  20,  1907.     Accepted  by  the  city. 

Section  i.  Section  one  of  chapter  one  hundred  and 
seventy-six  of  the  laws  of  nineteen  hundred  and  five,  en- 
titled "An  act  relathig  to  the  paving  and  grading  of  streets 
and  highways  in  the  city  of  Mount  Vernon,  and  authorizing 
such  city  to  raise  money  therefor  by  the  issue  of  bonds," 
is  hereby  amended  so  as  to  read  as  follows. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  and  empowered,  by  resolution 
adopted  by  it,  to  issue  and  sell  bonds  in  the  name,  in  behalf 
and  upon  the  credit  of  said  city,  in  an  amount  not  exceeding 
in  the  aggregate  under  this  act  one  hundred  thousand  dol- 
lars not  more  than  forty  thousand  dollars  of  which  shall  be 
issued  in  any  one  year,  for  the  purpose  of  paying  one-third 


203 

of  the  cost  of  paving  or  grading  such  streets  of  the  city  as 
may  be  directed  by  the  common  council. 

Section  2.  All  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  immediately. 

Chapter  436,  Laws  1907. 

AN  ACT  to  provide  for  the  widening  of  West  First  street, 
otherwise  known  as  West  Lincoln  avenue,  in  the  city  of 
Mount  Vernon,  from  South  Eleventh  avenue  in  said  city, 
to  the  New  York  city  line,  and  providing  for  the  expense 
of  said  improvement. 

Became  a  law  June  6,  1907.     Accepted  by  the  city. 

Section  i.  Whenever  the  common  council  of  the  city 
of  Mount  Vernon  shall  determine  to  widen  and  alter  West 
First  street,  otherwise  known  as  West  Lincoln  avenue,  in 
said  city,  from  South  Eleventh  avenue  to  the  New  York 
city  line,  it  shall  cause  to  be  filed  in  the  office  of  the  clerk 
of  the  county  of  Westchester,  and  the  clerk  of  said  city  of 
Mount  Vernon,  a  map  or  diagram  showing  the  proposed 
widening  or  altering  of  said  street,  with  the  parcels  or  lots 
of  land  to  be  taken  for  said  improvement,  and  upon  the  filing 
of  such  maps,  as  aforesaid,  the  title  to  said  property  so  to  be 
taken  for  said  improvement,  shall  forthwith  vest  in  said  city 
of  Mount  Vernon,  for  the  purpose  of  said  highway.  The 
proceedings  for  said  improvement  shall  be  taken  and  con- 
ducted in  the  manner  prescribed  in  sections  one  hundred 
and  seventy  to  one  hundred  and  seventy-nine,  inclusive,  of 
chapter  one  hundred  and  eighty-two  of  the  laws  of  eighteen 
hundred  and  ninety-two. 

Section  2.  One-fourth  of  the  cost  of  said  improvement 
when  fixed  and  determined  as  aforesaid  shall  be  assessed 
upon  the  property  fronting  or  abutting  on  said  street  as  the 
same  is  proposed  to  be  altered  and  widened,  and  to  a  depth 
of  one  hundred  feet  on  each  side  of  said  street,  as  so  pro- 
posed, in  the  manner  provided  by  said  chapter  one  hundred 
and  eighty-two  of  the  laws  of  eighteen  hundred  and  ninety- 


204 

two,  and  the  remaining-  three-fourths  of  the  cost  of  said 
improvement  shall  be  paid  by  the  issuing"  of  bonds  of  said 
city  of  Mount  Vernon,  to  be  known  as  'West  First  street 
widening  bonds,"  to  be  of  such  denomination,  bear  such  in- 
terest, not  exceeding  the  legal  rate,  and  mature  at  such 
times  as  the  common  council  of  said  city  shall,  determine, 
but  not  more  than  ten  thousand  dollars  thereof  shall  mature 
in  any  one  year.  They  shall  be  sold  for  not  less  than  their 
par  value,  or  temporary  loans  may  be  obtained  upon  the 
same  and  the  proceeds  thereof  shall  be  used  exclusively  for 
the  payment  of  the  said  three-fourths  of  the  expense  of 
widening  and  altering  said  street. 

Section  3.^  All  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  immediately. 

Chapter  474,  Laws  1907. 

AN  ACT  to  authorize  the  city  of  Mount  Vernon  to  issue 
bonds  for  the  purpose  of  defraying  a  deficiency  in  the  po- 
lice fund  for  the  fiscal  year  beginning  May  first,  nineteen 
hundred  and  seven. 

Became  a  law  June  10,  1907.     Accepted  by  the  city. 

Section  i.  The  common  council  of  the  city  of  Mount 
Vernon  is  hereby  authorized  and  empowered  to  issue  bonds 
upon  the  credit  of  said  city  to  be  denominated  ''police  de- 
ficiency bonds"  to  the  extent  of  the  sum  of  three  thousand 
dollars.  Such  bonds  shall  be  issued  in  the  name  of  the  city 
of  Mount  Vernon  and  under  its  corporate  seal,  and  shall  be 
signed  by  the  mayor  and  city  clerk,  and  bear  interest  at  a 
rate  not  exceeding  six  per  centum  per  annum,  and  be  pay- 
able within  five  years  from  the  date  of  issue  and  shall  be  of 
such  denomination  and  description  as  the  common  council 
shall  determine. 

Section  2.  When  the  common  council  shall  determine 
to  issue  said  bonds,  a  notice  inviting  proposals  for  the  pur- 
chase thereof  shall  be  given  by  such  publication  as  it  may 


205 

deem  advisable,  and  said  bonds  shall  be  sold  for  not  less 
than  their  par  value  and  accrued  interest. 

Section  3.  The  moneys  received  from  the  sale  of  said 
bonds  shall  be  used  only  to  pay  any  deficiency  existing  in 
the  cost  and  expense  of  maintenance  of  the  police  depart- 
ment of  the  said  city  for  the  fiscal  year  beginning  May  first, 
nineteen  hundred  and  seven. 

Section  4.  All  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  immediately. 


INDEX  TO  CHARTER. 


Accounts  against  city,  ^^^-  Page 

To  be  presented  in  duplicate  and  sworn  to 238  150 

Audit  of  by  common  council 166       7  74 

Aldermen  (see  "elective  officers,"  "common  council"), 

Elective  officers 5  6 

Qualifications  (freeholders)   5, 21  6, 13 

Election  of  in  1901;  terms  of  office  of 11  9 

How  vacated  15  12 

Removal  of  from  office,  by  whom  and  how 18  12 

Election  of,  term  of  office 19  13 

Term  of  office  of 22  14 

Not  to  hold  any  other  city  office 31  16 

Not  to  be  interested  in  any  city  contract ,      31  16 

To  attend  all  meetings 36  19 

To  act  on  committees  when  appointed  by  mayor. .  36  19 

To  cause  arrest  of  violators  of  ordinances,  etc. ...  36  19 
To  report  to  mayor  misconduct  of  other  officials, 

to  be  fence  viewers  as  in  towns 37  19 

Compensation  of,  vote  thereon  at  election,  1903 . .  -25 

To  constitute  common  council 158  70 

Appointive  officers, 

(See  Commissioner  of  Public  Works;  Corporation    Counsel.  Fire 
Commissioners;  Commissioner  of  Charities;  Constables.  Poundmaster.) 
Common  council  fix  terms  of;  duties  of  and  sala- 
ries of  when  not  provided  for  by  charter 14  11 

Oath  of,  when  and  where  filed 15  12 

Bond  of,  when  and  where  filed 15  12 

Vacancies 16              •       12 

Holding  over   16  12 

Resignation,  how  made 17  12 

Removal  of  from  office,  by  whom  and  how . . 18  12 

Qualifications  of 21  13 

Failure  to  give  bond,  effect  of ;.  30  16 

To  deliver  property,  papers,  etc.,  to  successor. . .  32  16 

Penalty  for  refusal  so  to  do 32  16 

Duties  of  to  be  prescribed  by  common  council . . .  163  71 
Assessments,  (see  "taxes,"  "receiver  of  taxes"), 

For  expenses  of  improvements 40  22 

Correction  of  by  common  council 41  23 

Correction  of  by  common  council 166     31  78 

Ten  per  cent,  to  be  added  to  cost  to  cover  engi- 
neering and  superintendence  fees 124  63 


Sec.  Page 
Assessors,  (see  "elective  officers"), 

Elective  officers 5  6 

Election  of  in  1901;  terms  of  office 11  9 

Election  of  in  1902;  term  office 11  9 

Election  of;  term  of  office  three  years  after  elec- 
tions in  1901-2 11  9 

Removal  of  from  office,  by  whom  and  how 18  12 

First  election  of 20  13 

Term  of  office  of 25  15 

Salary  of  and  how  paid 25  15 

Qualifications  of   21, 25  13, 15 

Powers  and  duties  of,  same  as  town 40  21 

Additional  compensation  fixed  by  common  council  40  22 

Violation  of  duties;  penalty  $250 40  22 

Jurors  for  city  court,  selected  by 87  41 

Auction  sales. 

Regulating  of 166     21  75 

Auditing  committee. 

Powers  and  duties  of 164  71 

Accounts  against  city  must  be  in  duplicate  and 

sworn  to   r. 238  150 

Auditors, 

Common  council,  powers  and  duties  of  town  audi- 
tors   230  148 

Awnings, 

Regulating  erection  of 160     28  78 

Banks  and  depositories  for  city  moneys, 

Common  council  to  designate  annually 165  72 

To  give  bond  to  city 165  72 

Board  of  Education, 

Annual  report   • 229  125 

To  be  made  to  common  council 229-L  144 

To  be  made  to  state  superintendent  public  in- 
struction      229-L  144 

Budget,  annual   229-J  139 

When  made  up.  May  first,  annually 229-J  139 

Items  of,  Subs.  1,  2,  3,  4,  5,  6,  7 229-J             139, 140 

To  be  approved  by  mayor  or  acting  mayor ....  229-J  140 

To  be  filed  with  city  clerk 229-J  140 

Included  in  annual  tax  levy 229-J  140 

Money   to   be   kept   in   separate   fund   by    city 

treasurer   229-J  140 

Election  of  members. 

First  election  provided  for .' 229-E  129 

Special  election   •   229-E  130 

Term  of  office 229-E  130 


Sec.  Page 

Notice  of,  how  given 229-E                     130 

Inspectors  of 229-E                     131 

Regular  election  first  Tuesday  June,  biennially .  229-E                     131 

Opening  and  closing  of  polls,  etc 229-E                     132 

Form  of  ballots 229-E                     132 

Canvass  of  by  board,  when  and  where 229-F                     132 

Certify  result  to  city  clerk 229-F  ,                  132 

Oath  of  office,  when  an^  where  taken 229-F                     133 

Term  of  office,  when  begins 229-G                     133 

How  composed   229-A                     125 

Members  of. 

Charges  against  for  misconduct,  etc . . . .  # 229-0                     145 

'    Mode  of  trial 229-0                    145 

Report  to  state  superintendent. 229-0                     145 

Removal  of  accused  from  office 229-0                     145 

Ordinances  for  protection  of  school  property ....  229-N                     144 

To  be  passed  by  Common  Council 229-N                     144 

Powers  of— general   229-A                     125 

To    purchase,    lease,    etc.,    real    and    personal 

property 229-B                     125 

Title  to  certain  districts  of  town  of  Eastchester, 

vested  in 229-B                    125 

Certain  school  trustees  of  town  of  Eastchester 

continued  in  office 229-B                     126 

Succeed  to  all  rights  of  former  trustees  of  town 

of  Eastchester 229-G                     133 

Custodians  of  all  records,   etc.,   of   trustees  of 

town  of  Eastchester 229-G                     134 

To  have  statement  of  property,  etc.,  from  trus- 
tees of  town  of  Eastchester 229-H                     134 

To  designate  a  meeting  place 229-H                     135 

Monthly   meetings    229-H                     135 

To  appoint  a  clerk 229-H                     135 

Powers  and  duties  of, 

Report   to    common    council    property    received 

by  it 229-H                     136 

Collection  of  outstanding  accounts  of  old  trus- 
tees      229-H                     136 

Settlement    of    debts    of    trustees    of    town    of 

Eastchester    . . . : 229-H 

To  establish  schools,  etc 229-1 

High  school    229-1 

School  savings  banks 229-1 

To  purchase  and  repair  property 229-1 

To  purchase,  repair  and  pay  for  all  books,  fur- 
niture,  etc 229-1 

To  have  custody  of  all  buildings,  books  etc 229-1 


136 

1 

136 

2 

136 

3 

137 

4 

137 

5 

137 

6' 

.137 

Sec. 

To  employ  a  superintendent  of  instruction 229-1 

To  pay  salaries  of  superintendent  and  teachers  229-1 
To  pay  contingent  expenses,  including  janitor, 

etc • 229-1 

To  purchase  school  sites 229-1 

To  take  property  by  condemnation  for  school 

purposes    229-1 

To  license  teachers 229-1 

To  have  entire  supervision  and  management  of 

city  schools 229-1 

To  allow  non-resident  children  to  attend  schools  229-1 

To  establish  and  maintain  a  free  library 229-1 

To  exercise  all  powers  of  school  district  meet- 
ings     229-1 

To  have  powers  under  general  laws  of  state . . .  229-1 

Certified  copies  of  records  evidence  in  all  courts  229-1 

Disbursement  of  moneys . . . .' 229- J 

President  of 

When  and  how  elected 229-E 

No  vote  except  when  members  tied 229-G 

Qualifications  of  members, 

Freeholders  within   city 229-G 

Reside  in  ward  for  which  elected 229-Gr 

Quorum,  majority  of  trustees 229-G 

Records  of,  certified  copies  evidence  in  all  courts.  229-1 

School  sites,  purchase  of 229-K 

Notice  of  special  election  upon 229-K 

Election,   how   conducted 229-K 

Form  of  ballots 229-K 

Certificate  of  result  and  canvass  of  vote 229-K 

Bonds  to  be  issued  to  borrow  money  for 229-K 

State  moneys, 

Apportionment  of  by  state  superintendent 229-N 

Payment  of  by  county  treasurer 229-N 

Superintendent  of  instruction  of  city  schools, 

How  appointed   229-1 

Powers  and  duties  of 229-P 

Annual  report  to  be  made  by 229-P 

Union  free  school  district  and  is  subject  to  laws 

of  state  relating  to  such 229-Q 

Vacancies  occurring  during  year,  how  filled 229-E 

Occur  through  removal  from  ward  and  city.  •  . .  229-G 
Occur  through  ceasing  to  be  free  holder  of  the 

city   

Filled  by  board  until  next  election 229-0 

Board  of  fire  commissioners,  (see  fire  commissioners). 


Page 

7 

137 

8 

137 

9 

137 

10 

137 

11 

138 

12 

138 

13 

138 

14 

138 

15 

138 

16 

139 

17 

139 

18 

139 

139 

129, 130 

133 

133 

133 

133 

17 

139 

141 

141 

141 

142 

143 

143 

144 

144 

7 

137 

145 

146 

146 

132 

133 

133 

145 

Board  of  health,  Sec.^  Page 

Consist  of  three  citizens. 220  119 

Appointed  by  mayor 220  119 

Oath  of  office 220  119 

No   compensation 220  119 

Monthly  meetings 220       ^  119 

Fees  collected  by  to  be  paid  to  city  treasurer 130  56 

Powers   of  to   order  construction   of  sewers   and 

drains    168"  86 

Appeal  to  statte  board 168  86 

Powers  of 221              120-123 

Vaccination,   periodical 221  120 

Quarantine  in  case  of  infectious  diseases 221  120 

Disinfection  of  buildings,  etc 221  120 

Cleaning  of  cesspools,  etc 221  120 

Abatement  of  nuisances 221  121 

Collection  of,  cost  of 221  121 

To  establish  and  ordain  sanitary  code,  etc 221  122 

•To  impose  penalties  for  violations  of 221  122 

Recovery  of  penalties  for  violations  of .  . . .  221  122 
Infectious    and    pestilential    diseases  '  to    be    re- 
ported   to 224  124 

Failure  to  do  so  a  misdemeanor 224  124 

Pest  house  or  hospital,  establishment  of 223  123 

Plumbing  and  drainage 225  124 

May  make  rules  and  regulations  as  to 225  124 

Bonds,    failure    to    give    by    elective    or    appointive 

officers,  effect  of 30  15 

Tax  relief  bonds 142  63 

Tax  redemption  bonds. 155  68 

Not  to  be  required  from  city  in  any  action 232  148 

School  tax  relief  bonds 229-S  147 

Boundaries  of  city 1  3 

Boundaries  of  wards 2  4-6 

How  changed 3  6 

Asceritained  and  determined  by  common  council.  166     55  82 

Bridges,  (see  common  council). 

Construction  of 180  93 

Bronx  River, 

Bathing  in,  regulating  of 166    17  75 

Buildings, 

Regulating  of  construction 166 

Regulating  of  construction 166 

Regulating  of  construction 210 

Dangerous,  taking  down 166 

Dangerous,  taking  down 210 

Scuttles  in  roof  of 166 


28 

78 

32 

78 

114 

48 

81 

114 

56 

82 

Burial,  Sec. 

Of  dead,   regulating  of 166     19 

Grounds,   regulating  of 166     19 

Budget,  tax,  how  made  up 134     58 

Board  of  education,  how  made  up 229-J 

Police    department 206-K 

By-Laws, 

Publication   of,   affidavit  of 235 

Adoption  of  by  common  council .  166     60 

Amending  of  by  common  council 166     62 

Publishing  of  by  common  council 166     62 

Chief  executive  of  city, 

Mayor    » ..  34 

Presidenit   of  common  council 34 

Circuses,    theatres,  shows,   etc.. 

Regulating  of  and  licensing  of 166     20 

City    boundaries 1 

City  clerk,  (see  "appointive  ofiicers"). 

Elections:  general — to  give  notice  of 8 

To  notify  candidates  of  their  election 10 

Vacancies 15 

Removal  of  from  office,  by  whom  and  how 18 

Qualification    of 21 

Assessment  rolls,  correction  of  clerical  errors ....  41 

Make  copy  for  supervisors 41 

Custodian  of  all  records,  bocks,  etc 42 

Clerk  of  cammon  council  meetings 42 

Records,  certified  copy  evidence 42 

Office  of   a    town   clerk's   office   for  certain   pur- 
poses   42 

Powers  land  duties  of  town  clerks 42 

Account  for  all  moneys  to  city  treasurer 42 

To  keep  account  of  all  city  expenditures 42 

Warrants  or  drafts,  to  countersign  all 42 

To  keep  record  of  all 42 

To  act  as  clerk  to  commissioner  of  public  works.  42 

Salary  of 42 

Bond   of 42 

To  receive  fines,  penalties  and  claims  of  city 130 

To  pay  over  to  city  treasurer  monthly 130 

Fees,  authorized  to  collect  for  searches,  etc 130 

Fees  for  tax  leases 150 

Records,  ordinances,  by-laws,  certified  copies  evi- 
dence, in  all  courts,  etc 166     62 

Records  of  city  clerk  certified  are  evidence  in  all 

courts    236 


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Sec.  Page 
Powers   of  town   clerk  with  respect  to   highway- 
proceedings 167  85 

Ordinances — Ito  keep  separate  book  of 242  151 

City  Court, 

Appeals,    from — to    county    court    and    appellate 

division    113  .  48 

Judgments,  when  and  how 114  48 

Not  until  motion  for  new  trial  made 114  49 

Notice  of  appeal,  how  served 114  49 

Undertaking  to  be  given 114  49 

Clerk  to  make  up  and  file  case  on  appeal  in 

appellate  court •  114  50 

Appeal  to  be  heard  on  such  return 114  50 

Remittitur  from  appellate  court 114  50 

Time  within  which  to  be  taken ■    114  50 

Orders — how  taken  and  to  what  court 114  51 

No    security    required 114  49 

Clerk  to  make  up  and  file  papers  on  appeal.  114  49 
Appeal  to  court  of  appeals, 

When  and  how  taken 114-S       6  50 

Remittitur  from    , 114-S       6  51 

Undertaking  to  be  given 114-S       7  51 

Time  within  which  to  be  'taken * 114-S       8  51 

City  judge. 

Decisions  by,  in  non-jury  causes 79  39,  40 

When  to  be  filed,  etc 79  40 

Appeals    from 113  48 

Findings  to  be  made  and  filed 113  48 

Shall  be  counsellor  at  law 66  36 

Powers   of 66  37 

Where    incompetent,    etc.,    causes    removed    to 

Westchester  county  court 67  37 

To  designate  terms  of  court 67  37 

Acting   city  judge 62  35 

Clerk  of — appointive  officer 102  45 

By  whom  appointed,  term  of  office,  salary ....  102  46 

May  appoint  deputy 103  46 

Fees    104  46 

Fees  or  fines  to  be  paid  to  city  treasurer 105  46 

Account  to  be  kept 105  46 

Custodian  of  •  all   papers 106  46 

Judgment  book  to  be  kept  by. 107  46 

Costs,   amount  of  in 108  46,47 

Amount  of  on  appeals 108  47 

Taxation  of  and  re-taxation 109        •  47 


Court  of  Record 

Jurisdiction — ^civil    actions 

Special   proceedings 

Subpoena,   where   runs 

Summons,  where  runs 

Removal  of  actions  from  justice  of  peace.  . . 

Bond  to  be  given 

Criminal  cases, 

City  judge — powers   and   duties ; 

Acting — powers  and  duties,  criminal 

Appointed  annually,   qualifications 

Services — same  fees  as  justice  of  peace. 

Stationery,  etc.,  for 

Fines,  to  be  accounted  for  and  paid  to  city 

treasurer   

City  judge — shall  be  counselor  at  law 

Powers   of >. 

Where  incompetent,  etc. — causes  removed  to 

Westchester  county  court 

To  designate  terms  of  city  court 

Removal  of  causes  from,  to  supreme  court. .. . 

Procedure  thereon 

Appeal  in  such  proceedings 

Stay   of   proceedings   therein 

Court  of  record 

Summons,  where  runs 

Summons,  form  of  action  begun  by 

Defaults,  opening  of 

Execution, 

proceeding    supplementary 

Appointing  receiver  in 

Fines  to  be  paid  to  city  treasurer 

Findings,  to  be  made  by  city  judge 

Holidays, 

Process,    returnable    on,    continued    to    next 

court    day 

Judgment,  motion  for 

Transcripts  of,  when  may  be  filed 

Jurors  for,  how  and  by  whom  selected 

List  of  filed  with  city  clerk  and  derk  of  city 

court    

Drawing  of    

When  to  be  made 

How  summoned    

When  to  be  summoned 

Petit  jury  to  be  composed  of  twelve  men 


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33 

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155 

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70 

88 

71 

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80 

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112 

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112 

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Sec.  Page 

Bystanders,  to  be  summoned,  when 91  42 

Unusded,  from  panel,  to  be  returned  to  box. .  92  42 

Fees  of 93  43 

Exemptions  of    94  43 

Fines  of,  for  non-attendance 95  43 

How   collected 95  .43 

Jury  list  may  be  used  repeatedly 96  '  44 

Mandates,   to  whom  directed 83  40 

Marshal  of — appointive  officer 97  44 

By  whom  appointed 97  44 

To  give  bond 97  44 

Powers  and  duties  of 97  44,  45 

Salary  of 97  44 

Powers  of  sheriff,  etc 98  45 

Fees    of   sheriff 99  45 

None  in  criminal  process 99  45 

Fees  for  summoning  jury 100  45 

Fees  for  summoning  jury,  how  paid 101  45 

Motions 76  39 

Note  of  issue 76  39 

For  judgment — notice   required 82  40 

New  trials,  power  to  grant 80  40 

Notice  of  trial,  time  for 75  89 

Nofte  of  issue 76  39 

Pleading,   time  for .' 73  38 

Forms  of  under  Code  of  Civil  Procedure  apply  74  38 

Practice,  general  rules  of  apply 81  40 

Special  rules  by  city  judge 81  40 

Code   of   Civil   Procedure   applies,    except   as 

limited 84  40 

Removal  of  causes  from  to  supreme  court 68  37 

Procedure  thereon 69  38 

Appeal  in  such  proceedings 70  38 

Stay  of  proceedings  therein 71  38 

Sittings  of 77  39 

Terms  of  to  be  designated  by  city  judge.  ...             77  39 

Summons — where  runs,  etc 60  34 

Form    of 72  38 

Supplementary  proceedings  either  in  city  courtt 

or  county  court Ill  48 

Receiver  in,  how  appointed 112  48 

Trials, 

Notice    of 75  39 

New,  motions  for.  .  .^ 80  40 

Jury  trials,  how  obtained 85-40 

Fees  for — when  paid,  etc 86  41 


City  judge,  (see  "elective  oflBcers").  Sec. 
(see  city  court). 

Elective    office 5 

Vacancies    15 

Election    of 20 

Qualifications  of ■ 21 

Term  of  office. 23 

Shall  be  counselor  ait  law 66 

Salary  of  and  how  paid .- 23 

To  receive  fines,  penalties,  etc 130 

To  pay  over  monthly  to  city  treasurer 130 

City  lockup, 

Common  council  to  establish 244 

City  of  Mount  Vernon, 

Maps  and  surveys  of,  making  of 166     22 

Is  a  town  of  county  of  Westchester 230 

Town  laws  apply   to 230 

Common  council  perform  acts  of  town  auditors..  230 

Common  council  audit  claims  and  accounts 166       7 

Suits  against, 

Inhabitants  and  freeholders  not  incompeten/t  as 

judge,  juror,  or  witness 231 

No  costs  to  be  allowed,  if  claim  not  first  pre- 
sented   232 

Execution  not  to  issue  against 232 

No  bond  or  undertaking  to  be  given  by 232 

Real  estate  of,  not  tto  be  taxed 239 

Real  estate  of  to  be  assessed  for  local  improve- 
ment       239 

Execution  in  favor  of  city  against  person  and 

property     243 

To  recover  judgment  for  fines,  penalties,  etc.  243 
To  pay  bonded  debt  of  village  of  Mount  Ver- 
non      245 

Seal  of,  to  be  provided  by  common  council 252 

Books  and  records  of,  care  of  by  common  coun- 
cil      166       1 

City  treasurer,  (see  "elective  officers"). 

Elective    officer 5 

Election  of  treasurer  in  1901 11 

Term  of  office 11 

Vacancies    15 

Removal  of  from  office,  by  whom  and  how 18 

Election  of 20 

Qualifications   of 21 

Term  of  office 28 

Bond  to  be  given  by 28 


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15 


Sec. 

Compensation  of,  increase  in 

Vote  thereon  in  election  of  1908 

Custodian  of  all  city  funds 43 

Money,  when  and  how  paid  out 43 

Annual  verified  sitatement 43 

To  receive  all  money, from  other  city  officials...  130 
To  deposit  moneys  in  banks  designated  by  com- 
mon council    , 165 

To  keep  school  moneys  in  separate  fund 229-J 

Accounts  of  to  be  examined  by  common  council . .  166-S 

Claims  against  city,  how  presented,  etc 164 

No  costs  unless  claim  presented 232 

In  duplicate  and  sworn  to 238 

Audited  by  '  common    council 166-S 

Clerk  of  arrears  of  taxes,  etc. — (see  'taxes). 
Commissioner  M  Chari'ties,   (See  "Appointive  Officers") 

Appointive  officer,   12 

Salary 12 

Term  of  office 13 

Removal  of  from,   by  whom   and  how 18 

Qualifications   of 21 

Powers  and  duties  of 227,  228 

Prescribed  by  Common  Council 228 

Commissioner  of  Excise, 

To  pay  over  all  moneys  to   City  Treasurer, 130 

Commissioners,  fire  (see  "Fire  Conimissioners") 
Commissioner  of  Public  Works,  (see  "Appointive  Officers") 

Appointive  officer    12 

Term  of  office 13 

Salary   of    

Removal  of.   from  office,  by  whom  and  how....  18 

Qualifications    of 21 

Powers  and  duties  of . 6 115 

S^eet    repairs 115 

Street    clejining "  115 

Reports  to  Common  Council 

Maps,    etc.,    to   be   prepared    by 115 

Petitions  for  improvement  to  be  filed  with ....  116 

Maps  for  improvement  to  be  filed  with 117 

Pire  hydrants  to  be  located  by 118 

Street  lamps  to  be  located  by 

Street  excavations  under  control  of 118 

Erection  of  poles,  etc.,  under  control  of 118 

Water    supply — to    test - ,  119 

Light,    quality    of — to    test 119 


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Sec.  Page 

Permits  for  sewers  and  drain  connections....  120  53 

Inspectors  of  sewers  and  drain  connections....  120  53 

Inspectors   o-f  City  Works,   etc 120  53 

Permits  for  street  openings 120  53 

Remove    street   encumbrances 120  53 

Sanitary  inspector,  appointment  of 120  53 

Supervise  and  report  on  all  public  works 121  53 

To  employ  men  on  public  works 122  53 

Ten    per    cent,    of    cost    of    improvement    for 

'superintendence    and    engineering   fees 124  53 

Salary   of 123  53 

Deduction  from  in  case  of  absence,  etc 126  54 

Bond  to  be  given  by 125  53 

Corporation  counsel,  legal  adviser  of 127  54 

Common  Council 

Appointive  officers,   appointed  by  Mayor ,  12^.  11 

Appointive  officers,  approTcd  by  Council 14  11 

Salaries   of,   fixed   by    Council 14,129  11,54 

Removal  of,  by  Council 18  13  , 

Duties  of  prescribed  by  Council 163  71 

Alderman  to  constitute 158  70 

Auditing    Committee    164  71 

How    constituted 164  71 

Powers   land    duties    of 164  71 

Banks  and  depositories  to  be  designated  by....  165  72 

Buildings, 

To  prohibit  construction  of  wooden 210  114 

Fire  escapes,   chimneys,   etc 210  114 

Demolish  structure  dangerous  to  health  or  life.  210  115 

Charities,  Commissioner  of,  to  be  appointed,  etc.  228  124 

City  departments  and  officers. 

All  supplies  and  stationeery  to  be  provided  by 

Common    Council    252  155 

City  property,  control  and  management  of 166  73 

Claims  and  accounts  against  City 164  71 

To  be  presented  to  Council 164  71 

To  be  referred  to  Auditing  Committee 164  71 

Claims  for  personal  injuries  to  be  presented  to.  .  164  71 

Within    three    months 164  72 

No  suit  thereon  until  2  months  after  such  pre- 
sentment      164  72 

Election — general. 

To  give  notice 8  8 

To  designate  places  where  held 8  8 

Elections — special. 

When  held;  notice  of 9  8 


Sec.  Page 

Registration   for    9  8 

To  canvas  vote  and  declare  result 10  9 

Fire  department, 

May   organize   paid    department 218  118 

Highways  and  streets, 

Powers  of  commissioners  of  highways  of  towns  167  85 
Exclusive    power    to    lay    out,    open,    extend, 
sitraighten,  alter,  widen,  regulate,  grade,  pave, 

etc 168  85 

To  open,  regulate,  grade  and  ornament  public 

squares   and  parks 168  85 

To  flag  sidewalks 168  85 

To  provide  water  supply  for  fires 168  85 

To   construct,   drains,   sewers,   wells,   etc 168  85 

Expense  thereof,  how  paid 168  85 

Exclusive  management  and  control  of 169  86 

Laying  out  and  opening  upon  petition 170  86 

Widening,  extending,  etc.    upon  petition 170  87 

Petitioners  to  bear  expense  when 171  88 

Widening,  extending,  etc.,  without  petition....  170  87 

Laying  out  and  opening  without  petition 170  87 

Proceedings  thereupon   170  87 

Map  to  be  prepared 172  88 

^Commissioners   to  be   appointed 171,  173  88 

To   give   notice   of   meeting. 173  89 

Report  of,  how  made 174  89^ 

When  may  take  pant  or  all  of  premises 175  89-90 

When   title  to   vest  in   city... 175  90 

Report  to  be  filed  with  city  clerk 176  90 

Notice    of   review 176  90 

Correction  of   176  91 

Confirmation    of 176  91 

Appeal   from 177  92 

Awards  how  paid 178  92 

Court  to   appoint  guardians   for  infants.  .  179  92 
Grading,    regulating,    construction    of    bridges, 

etc 180  93 

Expenses  of,  how  paid 182  94 

Specifications   to  be   prepared 183  94 

Sealed  proposals  to  be  received 183  ^  94 

Acceptance    of , 183  94 

Assessors  to  make  written  report  of  assess- 
ment    184  95 

Report  filed  with  city  clerk 184    .  95 

Review  of  report 184  95 

Common   council   to  examine  report 185     .  95 

Curbing  and   assessment  therefor. 186  96 


Sec.  Page 

Grade,   cliauge   of,   upou   petition 187  96 

Map  to   be  made  and  filed 187  96 

Public  notice  tv>  be  given 187  96 

Appointment  of  commissioners 187  97 

Claims    for    damages 187  97 

Discontinuanc-c  of  streets, 

Upon   petition    188  97 

Maps  to  be  made 188  97 

■  Public  notice  to  be  given 188  97 

Claims  for  damages  because  of 189  98 

When  and  where  presented 189  98 

Commissioners   to  be   appointed 189  98 

Powers  and  duties  of  such 189  98 

Appeal  from  order  of  discontinuance     .  .  190  99 

Expense  of  proceedings,  I'ow  fixed  and  paid.  .  191  99 

Dedication  of  to  public  use 192, 193  99-100 

Procedure  of  common  council 192  99 

Laying  ouit  and  opening  of 192  99 

Highways  and  streets. 

Cross    walks,    how    laid 194  100 

Assessment   district   therefor 194  100 

Sidewalks,  owners  to  lay  same  after  notice.  ..  .  195  100 

When  city  may  cause  to  be  laid ,  195  101 

Lessee    may    construct    and    offset    expense 

.against  rent    196  101 

Fencing,   draining   and    excavating   of   lots.....  197  101 

Assessments  for  improvements 198  101 

When  'they  become  a  lien 198  101 

Assessment  roll  made  by  city  clerk 199  102 

Delivered  to  receiver  of  taxes 199  102 

Method   of  collectio?i   of 200  102 

Sales  for  non-payment  of 200  102 

City     may     issue     redemption     bonds     to 

purchase    200  103 

Assessment  bonds,  when  and  how  issued.  ..  .  201  103 

Errors  or  irregularities  in  proceedings 202  104 

How  corrected 202  104 

Re-assessment    208  105 

Collection   of   re-assessment 204  105 

Paving  of  streets 205  106 

Bond  issue  for  2-3  of  cost 205  106 

Limitation   to   $70,000 205  106 

Limitation  to  $35,000  in  one  year 205  106 

Meetings  of 

Annual   158  70 

Stated— bi-monthly 158  70 

Special— how   called 158  70 


Sec.  Page 

Mayor  to   preside  at 34, 158  16,  70 

Vote  at,  each  member  entitled  to  one 158                       70 

Open  to    public 160                       70 

Minutes  of,  to  be  kept  by  city  clerk 160                      .70 

Quorum — a    majority \ .  . .  .  161                       70 

Vote  necessary  to  levy  tax  or  appoint  to  office.  .  161                       70 
Vote,  how  recorded  to  levy  tax  or  appoint  to 

office     161                      70 

Members    of,    council   to    be   judges    of   elections 

and  qualifications   of 162 

Not  to  hold  other  city  office 31 

Not  to  be  interested  in  city  contracts. .  .\ 31 

Powers  of,  specific, 

Power  to  levy  taxes — see  taxes. 

To  provide  for  care,  etc.,  of  books,  records,  etc.  166 

To  protect  inhabitants  and  suppress  disorderly 

assemblages 166 

To    prescribe    and  define  duties  of  officers  of 

city   166 

To    resitrain    and    punish,    beggars,    disorderly 

houses,   etc 166 

To  prohibit  and  disperse  gatherings  of  persons 

on    streets,    etc 166 

To    fix    and    determine    compensation    of  city 

officers   166 

To  audit  accounts  and  claims  against  city 166 

To  call  special  meeting  of  inhabitants .  166 

To  examine  accounts  of  treasurer 166 

Of  justice  of  peace  within  city 166 

To  establish  and  regulate  public  pound 166 

To  regulate  soliciting  of  passengers   by  stage 

drivers,  etc 166 

To  license  and  regulate  public  carting,  hacking, 

etc 166 

To  hold,  sell  and  convey  real  estate 166    \ 

To  prohibit  gambling,  etc 166 

To  repress  disorderly  houses 166 

To    regulate    and    prevent    bathing    in    Bronx 

river    '.  .  166 

To  prevent  immoderate  driving  in  ciity 166 

To  prohibit  and  regulate  burial  of  dead  and 

burial   grounds    166 

To  regulate  by  license  exhibitions  of  circuses, 

theatres,   shows,    etc 166 

To  regulate  by  license,  auction  sales,  hawking 

and    peddling ,  166 


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Sec.  Page 

To    make    maps,    and    surveys    of    city  ,and 
wards,  and  designate  names  of  streets  and 
numbers  of  lots  and  buildings 

To  prevent  encumbering  of  streets,  etc 

To  grade  and  flag  sidewalks  and  assess 
against  property    

To  compel  removal  of  snow,  ice,  dirt,  etc., 
from  sidewalks    

To  compel  railroads  and  other  companies  to 
keep  streets  in  repair 

To  regulate  and  superintend  laying  of  all  gas 
and  water  pipes  and  conduits,  etc 

To  compel  signal  lights  and  barricades  at 
street  openings 

To  prevent  and  regulate  construction  and  erec- 
tion of  buildings,  signs,  awnings  and  other 
structures    

To  erect  lamp  posts  and  provide  the  street 
lighting    

To  prohibit  and  license  storing  of  gun  pow- 
der and   other   explosives 

To  correct  assessment  rolls  as  boards  of  su- 
pervisors     

To  prohibit  erection  of  wooden  buildings  in 
parts   of  city    

To  regulate  construction  of  buildings  and  ap- 
purtenances     

To  regulate  use  of  lights  in  stables,  etc 

To  appoint  or  employ  special  legal  counsel. .  .  , 

To  prevent  and  abate  nuisances 

To  compel  the  owner  to  purify  sewer,  drains, 
privies,   etc 

To  prohibit  or  regulate  slaughtering,  etc 

To  prohibit  the  bringing  of  unwholesome  or  de- 
cayed carcass,  fish,  etc.,  into  city 

To  prescribe  location  of  private  sewers,  drains, 
etc 

To  prosecute  in  name  of  city,  upon  contracts, 
and  for  fines  and  penalties 

To  purchase  fire  apparatus 

Powers  of,  specific,  continued, 

To  pass  ordinances  for  government  of  fire  de- 
partment     

To  organize  and  establish  a  fire  department... 

To  prohibit  games  and  amusements  in  streets.  . 

To   direct  the  return   and    keeping   of   bills   of 

mortality 166     44  81 


166 

23 

75 

166 

23 

76 

166 

24 

76 

166 

25 

76 

166 

26 

76 

166 

27 

77 

166 

27 

77 

166 

28 

78 

166 

29 

78 

166 

30 

78 

166 

31 

78 

166 

32 

78 

166 

32 

78 

166 

33 

79 

166 

34 

79 

166 

35 

79 

166 

36 

79 

166 

37 

80 

166 

38 

80 

166 

30 

80 

166 

40 

80 

166 

41 

80 

166 

41 

80 

166 

42 

80 

166 

43 

80 

Sec. 

To  regulate  speed  of  locomotives,  etc 16G 

To  regulate  the  setting  of  poles  ^and  slringing 

of  wires 166 

To  regulate  the  planting  end  prevent  injury  to 

shade  trees 166 

To  take  down  dangerous  buildings 166 

To    assess   against   property   cost   of  removing 

nuisances  therefrom   166 

To  provide  rooms  for  city  officers 166 

To  require  city  officers  to  furnish  reports 166 

To  prevent  or  regulate,  ringing  of  bells,  blowing 

of  whistles,   etc 166 

To  prevent  or  regulate  sale  of  fire  works 166 

To  prevent   and  punish   the   discharge  of  fire- 
works,   etc 166 

To  ascertain  and  determine  city  boundaries,  etc  166 
To  compel  owners  to  put  scuttles  in  roofs   of 

buildings,    etc * 166 

To  impose  and  fix  and  collect  penalties  for  ex- 
cise violations 166 

To  divide  wards  into  new  election  districts,  and 

appoint  election  inspectors,  etc 166 

To  designate  two  newspapers  to  publish  official 

notices    166 

To  make  general  ordinances,  by-laws,  etc 166 

To  appoint  constables  and  special  officers 166 

To  amend  ordinances,  by-laws,  etc 166 

To  publish  ordinances,   by-laws,  etc 166 

To  correct  assessment  rolls 41 

To  perform  duties  of  town  auditors 230 

President  of,  how  eledted,  powers  and  duties  of,  158 

To  preside  at  meetings 34 

Rules,  to  make  of  its  own  proceedings 162 

Schools,  and  school  property. 

To  pass  ordinances  for  protection  of 229-N 

School  tax  relief  bonds 229-S 

When  and  how  issued 229-S 

Seal  for  city — common  council  to  provide 252 

Sewers,  system,  to  make  surveys,  plans,  maps,  etc.  181 
Laws  relaing  to  village  of  Mount  Vernon  re- 
served      181 

Bonds  !to  be  issued  for 181 

Ward  boundaries  changed  by 3 

Comptroller  (see  "Elective  Officers") 

Elective    officer 5 

Election   of,   in   1901 11 

Term  of  office.  ...*.. 11 


Page. 

45 

81 

47 

81 

46 

81 

48 

81 

49 

81 

50 

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53 

82 

54 

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55 

82 

56 

82 

57" 

82 

58 

82 

59 

82 

60 

84 

61 

84 

61 

84 

62 

84 

23 

148 

70 

16 

71 

145 

147 

147 

155 

93 

93 

93 

6 

6 

9 

'      9 

Sec. 

Page 

15 

12 

21 

13 

42 

24 

52-A 

29 

52-A 

30 

12 

11 

12 

11 

13 

11 

18 

13 

21 

14 

26 

15 

54 

32 

54 

32 

54 

32 

166  61 

84 

Vacancies 

Qualifications   of 

To  countersign  warrants  or  drafts 

To  appoint  clerk  of  arrears  of  taxes 

To  act  as  comptroller  in  absence  of  comptroller 

For  act  creating  office  of,  see  "Appendix:",  page  173. 
Conduits, 

Laying   of,    regulating 166 

Constables,  (See  "Appoinitive  Officers") 

Appointive  officers    

One  in   each  ward. 

Term  of  office 

Removal  of,  from  office,  by  whom  and  how 

Qualifications  of    

Of  town  of  Eastchester  contitiued  in  office 

Powers  and  duties  of 

Bond  to  be  given  by ; 

Actioh  on   

Appointment  of  by  common  council 

Contracts, 

City — Common  council  to  sue  on,  etc 166     40  80 

Corporation  Counsel  (see  "Appoinitive  Officers") 

Appointive    officer. 

Term  of  office 

Removal  from  office,  by  whom  and  how 

Qualifications   of 

Charge  and  conduct  of  all  legal  business 

Salary  of 

Compensation  of  street  opening,  etc.,  proceedings 

Special — employment    of 

Corporate   name 

Corporate    powers. 

All  the  rights,  powers  and  privileges  as  confer- 
red by  general  statutes  on  municipal  corpora- 
tions     

To  sue  and  be  sued 

To  make  and  use  common  seal  and  alter  it 

To  succeed  to  all  rights  and  liabilities  of  village 

of  Mount  Vernon 

Counsel,   (see  corporation   counsel). 

Special,  employment  of 

Criminals, 

Expense  of  apprehending  and  trying  to  be  paid 

by  Westchester  county 

Dead,   burial   of,    regulating 

Dedication   of   streets,    etc 


12 

11 

13 

11 

18 

13 

21 

IS 

128 

54 

128 

54 

191 

99 

166  34 

79 

1 

4 

1 

4 

4 

6 

4 

6 

4 

6 

166 

34 

79 

233 

149 

166 

19 

75 

192 

99 

Sec. 
255 
256 

Page 
155 
155 

166 
166 
16^ 
366 

2 

4 

5 

16 

73 
73 
73 

75 

197 

101 

120 

53 

120 

53 

225 
166 
166 

36 
39 

124 
79 
80 

Definitions, 

"Freeholders''    

"Supervisor" 

Disorderly  assemblages, 

Suppressed  by  common  council 

Tramps,  beggars,  disorderly  houses 

Street    gathering 

Houses,  repression  of  disorderly 

Draining  of  *vacant  lots 

Drains, 

Permits  for  from  commissioner  of  public  works .  . 
Inspectors  of,  appolMed  by  commissioner  of  pub- 
lic  works 

Board  of  health  may  make  rules  and  regulations 

as  to 

Purifying  of 

Private,    regulating    of 

Driving  in   streets. 

Regulating   of 166     18  75 

Eastchester,  town  of,  (see  town  of  Eastchester). 

Election  districts,  establishment  of 

Inspectors,  appointment   of 

Elections,  general  election  laws  apply  to  city 

First  election 

Appointment  of  inspectors 

Appointment  of  ballot  clerk 

General   election. 

When   held 

Common  council  to  designate  places 

Notice,    how   given 

To  be  held  in  November,  1901 

Special  elections,  when  held. 

Ordered  by  common  council 

Notice   of .*...' 

Registration   for 

Opening  and  closing  of  polls,  conduc^t  of  elec- 
tions, canvass  of  vote,  by  inspector  and  by 
common  council,  returns  to  city  clerk  and 
county  clerk,  candidates  elected  to  be  notified 
by    city   clerk    and    take    oath    before    common 

'      council : 10  8,9 

Elective  officers,  (see  mayor,  aldermen,  supervisors, 
oity    judge,    justices    of    peace,    comptroller,    city 
treasurer,    receiver  of  taxes,    assessors,   board   of 
education). 
Enumerated    5  6, 7 


66 

58 

82 

66 

58 

82 

7 

7 

r» 

7 

7 

7 

7 

7 

8 

8 

8 

8 

8 

8 

11 

9 

9 

8 

9 

2 

8 

9 

2 

8 

9 

2 

8 

Sec. 

Page 

10 

8,9 

10 

8,9 

15 

12 

15 

12 

33 

16 

16 

12 

17 

12 

18 

12 

20 

13 

21 

13 

30 

15 

32 

16 

32 

16 

Notice  of  election  to,  by  city  clerk 

Oath  of  ofHce,  when  to  take 

.    Bond  of,  when  and  where  filed 

Vacancies,  how  produced 

How  filled  and  by  whom 

Holding   over 

Resignation,  how  made 

Removal  of  from  office,  by  whom  and  how 

Election   of 

Qualification   of 

Bond,  failure  to  give,  effect  of, 

To  deliver  property,  papers,  etc.,  to  successor.  . . . 

Penalty  for  refusal  so  to  do 

Duties,  salaries,  fees,  etc.,   of,  fixed  by  common 

counsil    129  54 

Evidence  in  courts  of  record, 

Certified  copies  of  records  of  city  clerk 236  149 

Certified  copies  of  records  of  board  of  health 236  149 

By-Laws,     ordinances,     resolutions,     etc.,     when 

printed   237  150 

By  authority  of  common  council 237  150 

Excise  commissioners,  (see  commissioners  of  excise). 

Violations,  penalties,  etc.,  collection  of 166     57  82 

Execution, 

Not  to  be  issued  against  city 

City  may  issue  against  property  and  person 

To  recover  judgment  for  fines,  penalties,  etc 

Explosives,  regulating  storage  of,  etc 

Fees, 

City  Clerk, 

Copies  papers  10  cents  pe^  folio 

For  tax  leases 

Corporation  counsel, 

For  tax  leases 

Street  openings,   etc 

Fencing  of  lots 

Fines — ^suits    for 

Fire  commissioners,   (see  "appointive  officers"). 

Appointive    officer 

Term  of  office 

Salary  of    

Vacancies    

Removal  of  from  office,  by  whom  and  how 

Qualifications   of 


232 

148 

243 

151 

243 

151' 

166  30 

78 

42 

23 

150 

67 

150 

67 

191 

99 

197 

101 

166  40 

80 

12 

11 

13 

11 

13 

11 

15. 

12 

18 

13 

21 

13 

Sec.  Page 

Board  of  three — term  of  office 211  115 

To  submit  annual  estimate  of  expenses 211-A  115 

Same  to  be  placed  in  special  fund 211-A  215 

To  form  part  of  annual  tax  levy 211-A  215 

Bills  and  accounts  of,  how  paid 211-B  215 

Powers   of, 

To  compel  all  persons  to  aid  in  extinguishing 

fires    212  116 

To    establish    regulations    and    ordinances    for 

prevention  of  fires,  etc 212  116 

To  have  charge  of  all  apparatus. 213  116 

To  organize  and  disband  engine,  hose  and  hook 

and  ladder  companies 213  116 

Are  fire  wardens 214  117 

To  examine  theatres,  halls,  etc 214  117 

Fire    Companies 213  116 

Power  to  elect  foreman  and-  assistant 213  116 

.    Power  to  fill  vacancies  in  ranks 213  116 

Power  to  adopt  by-laws  and  impose  fines 213  116 

Power  to  expel  members 213  116 

Custody  of  apparatus 213  116 

To  elect  engineer,  firs.t  and  second  assistant  and 

treasurer 215  117 

Fire  department. 

Apparatus,  purchase  of  IGG     41  80 

Common  council  has  power  to  organize  paid  de- 
partment      218  118 

Duties  of  commissioners  thereupon 218  118 

Expenses  thereof  to  be  included  in  annual  tax.  218  118 

Establishment  and  organization  of 16G     42  80 

Expense   of  limited  to  1-15  of   one   per   cent,   of 

assessed   valuation 218  118 

City  treasurer  to  pay  over  monthly  to  treasurer.  218  118 

Members  of  may  make  use  of  any  horse,  etc.,  to 

convey  engine,  etc.,  to  scene  of  fire 216  117 

Members  of  exempt  from  jury  and  military  duty, 

etc '..... 217  118 

Officers  of  elected  by  members 215  117 

Ordinances  for  government  of 16G     41  80 

Paid  department,  common  council  may  organize..  218  118 

Treasurer  of  department, 

To  give  bond 218  119 

To  receive  monthly  payments  from  city  treas- 
urer   218  118 

Topay  all  claims,  accounts,  etc 218    .  118 

To  render  account  to  commissioners 218  119 


Fire  limits,  Sec. 

Establishment  of ." 166     S2 

Fireworks — ^regulating  of  sale  of 166    53 

Punishing  for  discharge  of 166     54 

Fish,  unwholesome  in  city  prohibited 166     38 

Freeholder,    definition  of 255 

Gambling, 

Common  council  fto  prohibii: 166     15 

Grade,  change  of 187, 191 

Grading  of  streets  and  highways .". 180-6 

Gun-powder,  regulating  storage,  etc.,  of 166     15 

Hacking,   carting,   etc 166     12 

Kegulating  of  by  common  council 166     13 

Health,  board  of,  (see  board  of  health). 
Health,  public,  (see  board  of  health). 
Highways  and  streets,  (see  common  council). 

("highways  and  streets"). 

Improvements,  assessments  for 198,  205 

Holding  over  by  elective  and  appointive  oflScers ....  16 

Infectious  diseases  to  be  reported  to  board  of  health  224 

Failure  so  to  do  a  misdemeanor 224 

Inspectors, 

Of  public  improvements 120 

Appointed  by  commissioner  of  public  works .  . .  120 

Of  election,  appointment  of 116     58 

Judgments,   against  city. 

Execution  not  to  issue 232 

How    paid 232 

Jurors,  (see  city  court). 

How    selected 39 

Not  incompetent  in  suit  .i  gainst  city 231 

Justices  of  the  peace  (see  "elective  officers"). 

Elective    officers 5     • 

Election  of  in  year  1902 — term  of  office 11 

Vacancies    15 

Removal  of  from  office — how 18 

Election  of 20 

Qualifications    of 21 

Of  town  of  Basitchester  to  continue  in  office -24 

Election  of 24 

Term  of  office  of 24 

Powers  and  duties  of 53 

Compensation    of 53 

No  criminal  jurisdiction 53 


Page 
78 
82 
82 
80 
155 

75 
96,99 
93,96 


75 


101.  106 

12 

124 

124 

53 
53 

82 

148 
148 

21 

148 

6 
9 
12 
12 
13 
13 
14 
14 
14 
32 
32 
32 


Leases,  tax,  (see  "taxes").  Sec.  Page 
School  tax  to  be  assigned  bj'  town  of  Eastchester 

to  city  of  Mount  Vernon 229-B  146 

Of  town  of  Eastchester  to  be  assigned  to  city.  247  152 

Ldghting  of  streets,  etc 166    29  78 

Of   stables 166     33  79 

Ivockup,  city, 

Common   council   may   establish 244  151 

Locomotive,  regulating  speed  of 166     45  81 

Maps  and  surveys  of  city  and  wards,  making  of .  . .  166     21  75 
Mayor,  (see  "elective  officers"). 

Elective  officer 5  6 

Election  for  mayor  in  1901,  term  of  office  ........  11  9 

Vacancies  filled  by 15  12 

Removed  by  governor 18  12 

Election  of 20  13 

Qualifications   of 21  13 

Term  of  office 22  14 

Not  to  be  interested  in  any  city  contract 31  16 

Chief  executive , 34  16 

Preside  at  meetings  of  common  council 34  16 

To  enforce  by-laws  andordinances 34  17 

Supervision  of  subordinate  officers 34*  17 

Appointment  of  all  appointive  officers 34  17 

To  examine  into  all  complaints  against  appointive 

officers 34  17 

Recommendations  to  common  council 34  17 

Resolution  and  ordinances  of  common  council  to 

be   approved   by : 34  17 

Power   of    veto 34  17 

Procedure    thereupon 34  17 

Two-thirds  vote  necessary  to  pass  over  veto ....  34  17 

Disapproval  within  10  days 34  17 

Power  to  revoke  license  of  hackmen,  cartmen  or 

exhibition  of  any  show 34  17 

Power   to    hear,    try    and    determine    complaints 

against  appointive   officers 34  17 

To  sign  all  appointmenits  of  common  council 18 

To  sign  all  warrants  for  payment  of  money 18 

Power  to  enter  gambling  houses,  etc.,  and  make 

arrests 34  18 

Power  to   administer  oaths,   take   affidavits,   and 

acknowledgments  of  deeds 34  18 

In    absence    or   sickness   of   mayor,    president   of 

common  council  to  act 34  18 


Sec. 


Page 


All    powers    conferred    upon    mayor   of   cities   by- 
state   statute 

Powers    to  arrest 

To  issue  warrants  for  arrest 

Examination  and  trial  of  offenders 

May  transfer  case  to  city  judge 

Annual    report    to   common    council    of    financial 

condition  of  city 

Compensation  of. 

Vote  thereon  in  election,  1903 

Preside  at  common  council  meetings 

Casting  vote  at  common  council  meetings 

When    entitled   to   vote    as    member   of    common 

council . 

To    approve     all    bills,     ordinances,     resolutions, 

orders  and  tax  levy    ' 

Meats,  unwholesome  in  city  prohibited 

Meetings, 

Of  inhabitan'ts  called  by  common  council 

Moneys, 

How  disbursed 

Mortality,  bills  of — keeping  of 

Mount  Vernon,  village  of. 

Bonded  debt  to  be  paid  by  city 

Newspapers,  official. 

Designating  of  by  common  council. 

Nuisances, 

Prevention  and  abatement  of 

Prevention  and  abatement  of 

Assessment    against    property    for    costs    of    re-. 

moving    

Ringing  of  bells,  blowing  of  whistles 

Officers  of  city, 

Duties  of,  defined  by  common  council 

Compensation  of  fixed  by  common  council 

Rooms  for,  provided  by  common  council 

Reports,  from  required  by  common  council 

Stationery  and  supplies  by  common  council 

Officers,    elective 

Officers,  elective;  terms  of  office 

Officers,    appointive 

Terms  of  office 

Vacancies,  how  produced 

How    filled 

Resignation — how    made 

Removal  of  from  office,  by  whom  and  how 


34 

18 

34 

18 

34 

18 

34 

18 

34 

IS 

35 

19 

25,26 

25,26 

158 

70 

158 

70 

161 

71 

161 

71 

166  38 

80 

166      8 


74 


42 

23 

166 

44 

81 

245 

151 

166 

59 

82 

166 

35 

79 

221 

120 

166 

49 

81 

166 

52 

82 

166 

3 

73 

166 

6 

74 

166 

50 

81 

166 

51 

81 

252 

155 

5 

6 

11 

9 

12 

11 

13 

11 

15 

12 

33 

16 

17 

12 

18 

12 

Sec.  Page 

Election  of 20                      13 

Qualifications   of 21                       13 

Bond,  failure  to  give,  effect  of 30                       15 

To  deliver  property,  papers,  etc.,   to  successor.  .  32                       16 

.  Penalty  for  refusing  so  to  do 32                       16 

OfBcial  newspapers. 

Designated  by  common  council 166     59               82 

Ordinances,  (see  common  council,  powers  of — specific) 
Copies  of,  certified  by  city  clerk,  presumptive  evi- 
dence, in  all  courts  and  place 166 

Of  village  of  Mount  Vernon,  saving  clause  las  to.  .  166 

Affidavit  of,   publication   of 235 

To  be  kept  by  city  clerk  in  separate  book 242 

Of  village  of  Mount  Vernon  continued  in  force . .  250 

For  protection  of  school  property 229-N 

Adoption   of,   general 166 

Amending  of,  general,  by  common  council 166 

Publishing  of,  general,  by  common  council 166 

Overseer  of  poor  (see  "Commissioner  of  Charities") 

Paving  of  streets,  etc 205 

Peddling,  regulating  of 166 

Penalties,    suits   for 166 

Personal  injuries,  suits  against  city 164 

Presentment  of  claim 241 

Examination   before   mayor 241 

Allegation  in  complaint,  of  presentment  of  claim, 

etc 241 

Pest  house,  or  hospital,  establishment  of ...  223" 

Physicians,  to  report  infectious  diseases  to  board  of 

health    224 

Police  and  police  department 206 

Commissioner  is  head 206 

Appointed  by  mayor 206 

Term  of  office 206 

Salary    of 206 

How  removed  from  office 206 

Bond  to  be  given  by 206 

May  appoint  clerk 206 

Power  to  make   rules,   etc 206 

To  try  member  of  force  and  reprimand,   fine  or 

dismiss  206-A 

Trials  before 206-J 

May  administer  oaths 206 

Subpoena    witnesses 206 

False  swearing  by,  is  perjury 106 

Attachment    against    witnesses 206 


62 

84 

63 

84 

149 

151 

153 

145 

60 

84 

62 

84 

62 

84 

106 

21 

75 

40 

80 

71 

150 

150 

150 

123 

124 

106 

106 

107 

107 

107 

107 

107 

106 

107 

107 

110 

110 

110 

• 

110 

110 

.  Sec. 

Repealing    clause 206-B 

Saving   clause,   general '  206-C 

As  to  funds,  etc.,  of  old  board 206-D 

As  to  funds,  etc.,  of  old  board 206-E 

Force,  how  constituted 206-E 

All  members  appointed  by  commissioner....  206-E 

Age  limits  for  appointment, 206-E 

Uniform  regulated  by  commissioner 206-F 

Special  police,  when  and  how  appoinlted ....  206-P 

Powers  and  privileges  of 206-G 

Those  appointed  under  act  of  1892  to  cease 

to    act 206-H 

Warrant  of  appointment  to  be  issued  to.  . .  .  206-1 

Exempt  from  jury   and  military  duty 206-M 

Not    liable    to    arrest    or    subpoena    in    civil 

action 206-M 

Compensations  fixed  by   commissioner 206-N 

Gifts,  rewards,  etc.,  not  to  be  received  by . . .  206-P 

Duties    of 206-Q 

Powers   of 206-R 

Term  of  office  of,   during  good  behavior.  ..  .  207 

Charges  against,  how  preferred  and  heard . .  207 

To  take  oath  on  appointment 207 

Salaries  of,  when  and  how  paid 208 

Chief  of  police,  powers  and  duties  of 209 

Annual  estimate  of  cost  of  maintenance 206-K 

To  be  included  in  annual  tax  levy 206 

One-half  to  be  paid"  monthly  by  city  treasurer  206 

To  pay  all  claims,  accounts,  etc 206 

To  report  to  common  council 206 

To  publish  annual  statement  of  expenses,  etc.  .  206 
Mayor,  alderman,  or  other  city  official  not  elig- 
ible    \ 206-0 

Plumbing  and  drainage. 

Board  of  health  may  make  rules  and  regulations 

as    to 225 

Poles,  seitting  of,  regulating 166     47 

Poor,  see  "commissioner  of  charities". 
Poundmaster,  (see  "appointive  officers") 

Appointive    officer 12 

Salary  of 12 

Term  of  office 13 

Vacancies    15 

Removal  of,  from  office,  by  whom  and  how 18 

Qualifications   of 21 

Powers  and  duties  of 219 


Page 
108 
108 
108 
109 
109, 
109 
109 
109 
109 
109 

110 
110 
112 

112 
112 
112 
112 
113 
113 
113 
114 
114 
114 
111 
111 
111 
111 
111 
111 

112 


124 
81 


11 
11 
11 
12 
13 
13 
119 


Pound,  public.  Sec.                 Page 

Established  bj^  common  council 166     11  74 

Powder,  gun, 

Regulating  storage,  etc.,  of 166    30  78 

President  of  village   of   Mount   Vernon   to    act,    as 

mayor  until  successor  elected 6  7 

Privies,   purifying   of 166     36  79 

Process,  legal  under  charter. 

Service  of,  on  corporation,  partnership,  etc 234  149 

Quorum, 

Common    council 161  70 

Board  of  education 229-G  133 

Real  property  of  city. 

Common  council  power  to  hold,  sell   and  convey  166     14  75 
Receiver  of  taxes  and  assessments, 

(See  "elective  oflScers") 

Elective  officer. 5  6 

Election  of,  in  1901 11  9 

Term  of  office 11  9 

Vacancies 15  12 

Removal  of,  from  office,  by  whom  and  how 18  12 

Election  of 20  13 

Qualifications    of 21  13 

Term  of  office 27  15 

Bond  to  be  given  by 27  15 

Bond  to  be  given  by,   when,  amount  of,   etc ....  44  26 

Lien  on  real  estate  of  sureties 44  26 

Office  for,  to  be  provided  by  common  council ....  45  27 

Office  hours  of * 45  27 

Deputy  power  to  appoint 46  27 

Qualification,  powers  and  duties 46  27 

Bond  to  be  given  by 46  27 

Compensation  of 46  27 

To  give  public  notice  of  receipts  of  warrants ....  47  27 

Method  of  collection  of  (taxes,  by 48  28 

To  make  daily  deposits  with  treasurer 48  28 

To  make  daily  itemized  records  of  receipts....  49  28 

Suspension  from  office,  when  and  how 50  28 

Appointment  of  successor,   when  and  how....  50  28 
Return  of  unpaid  taxes  to  be  made  to  common 

council,  when  and  how 51  29 

Annual  statement  to  common  council 52  29 

Records  and  books  of  city 166      1  73 

Sales  for  unpaid  .taxes — see  "taxes". 


Schoals — see  "board  of  education".  Sec. 

City  of  Mount  Vernon  i^eparate  school  district.  .  229 

All  rights,  powers,  public  money,  etc 229 

Commissioners  fix  value  of  school  districts  and  ap- 
portion between  town  of  Eastchester  and  city  of 

Mount  Vernon 229-C 

Appointed  by  county  judge  Westchester  county.  229-C 

Compensation   of  such  commissioners 229-C 

Supervisors  of  Westchester   county   to  apporftion 

school  moneys  between  city  and  town  of.  ....  .  229-D 

In    city   of    Mount    Vernon   comprise   union    free 

s^chool  district  and  are  subject  to  state  laws.  .  229-Q 
School  tax  leases  held  by  town  of  Eastchester  to 

be  assigned  to  city  of  Mount  Vernon 229-B 

Tax  relief  bonds 229-S 

When  and  how  issued 229-S 

Payment  of  same '.  229-S 

Ordinance  for  protection  of 229-N 

Seal  of  city,  common  council  to  provide 252 

Sewers  and  drains. 

Permits  for,  from  commissioner  of  public  works.  .  120 
Inspector    of,    appointed    by    commissioner  public 

works  120 

Purifying  of 166     36 

Private,  regulating,  etc.,  of 166     39 

Surveys,  plans,   etc 181 

Village  of  Mount  Vernon  laws  reserved 181 

Bonds  to  be  issued  for 181 

Sidewalks,  crosswalks,  etc. 

Suits  for  personal  injuries  from  defective 164 

Grading   and   flagging  of 166    24 

Removal  of  dirt,  snow  and  ice  from 166    25 

Laying  of,  land  assessments  for 194 

Laying  of,  by  owners 195  * 

Signs, 

Regulating,  erection  of 166     28 

Slaughtering, 

Regulating  of 166     37 

Snow  and  ice. 

Removal  of,  from  sidewalks 166     25 

Stables, 

Lighting   of 166     33 

Stationery  and  supplies 252 

Streets, 

Naming  and  numbering 166  22 

Encumbering  of 166  23 


Paee 
125 
125 


127 
127 
127 

128 

146 

146 
147 
147 
147 
145 

155 
53 

53 
79 
80 
93 
93 


71 

76 

76 

100 

100 

78 

80 

76 

79 
155 

75 
76 


Sec.  Page 

Railroad  companies,  etc.,  to  keep  in  repair 166 

Pipes,  laying  of,  regulating  of 166 

Openings  in,  lights  and  barricades  upon 166 

Lighting  of 166 

Games  and  amusements  in,  prohibited 166 

Setting  poles  and  stringing  wires 166 

Grading,   regulating,   paving,   etc 180:6 

Grade,  -change  of • 187 

Discontinuance    of 188, 191 

Dedication  of 192 

Improvements,   assessments  for 198-204 

Paving    of '. 205 

Streets  and  highways — (see  "common  council")- 
Suits  against  city,  either  contract  or  tort. 

Presentation  of  claim,  condition,  precedent 241 

Complaint  must  contain  such  allegation 241 

Examination  of  claimant  before  mayor 241 

Supervisors  (see  "elective  oflacers")- 

Elective  oflScers 5 

Qualifications .  5 

Election  of,  in  1901 11 

Term  of  office   11 

Term  of  office,  twx)  years  (after  those  elected  in 

1901) 11 

Vacancies    15 

Removal  of,  from  office,  by  whom  and  how 18 

Election  of 20 

Qualifications   of ^1 

Five  supervisors  in  city. 38 

One  in  each  ward 38 

Same  powers  and  duties  as  in  towns 38 

Members  of  Westchester  county  board 38 

Compensation  same  as  towns 38 

How  chosen 38 

Assessment  roll  from  city  clerk 41 

Definition   of   "supervisor" 256 

Taxes — (see  "assessments"). 

How  and  when  assessed 40 

Public  notice  to  be  given 40 

Review  and  correction  of 40 

Arrears    of : 52-A 

Clerk   of,   how  appointed 52-A 

Duties  of,  and  salary 52-A 

Taxes — levying  and  collection  of. 

Assessment  rolls  corrected  by  ciity  clerk,  etc. 132     *                 57 


26 

76 

27 

77 

28 

78 

29 

78 

42 

80 

47 

81 

93-96 

96 

97,99 

99 

101-105 

106 

150 

150 

150 

6 

7 

9 

10 

10 

12 

13 

13 

•  13 

19,20 

20 

20 

20 

20 

20 

23 

155 

21 

21 

22 

30 

30 

30-32 

Village  of  Mount  Vernon, 

Rights  land  liabilities  of,  vested  in  city 

Officials   of,    continued   in    office  until    successors 

elected    

Bonded  debt  of,  to  be  paid  by  city 

Receiver  of  taxes  of,  to  enforce  collection  of  tax 

and  assessment  warrants  in  his  hands 

to  make  return  to  common  council 

Ordinances,    by-laws,    regulations,    etc.,    of,    con- 
tinued in  force 

Dissolved  and  offices  abolished 

Vital  statistics,  keeping  record  of 

Ward  boundaries    

Wiard  boundaries,  how  changed 

Maps  and  surveys  of,  making  of 

Division  of,  into  election  districts 

Westchester  county, 

To    pay    expense,  of    apprehending    and    trying 

criminals    

Wires,  stringing  of,  regulating - 


Sec. 

Page 

4 

6 

6 

7 

245 

151 

248 

153 

248 

153 

250 

153 

254 

154 

166 

44 

81 

2 

4 

3 

6 

166 

22 

75 

166 

58 

82 

232 

148 

166 

47 

81 

INDEX  TO  APPENDIX. 

Page 
Chapter  608  Laws  1886,  with  amendments: 

Sewers  in  village  of  Mounit  Vernon;   act  providing  for  con- 
struction of .  . . 159 

Chapter  598  Laws  1§94: 

Westchester  railway;  act  providing  for  construction  of,  in  city 

of  Mount  Vernon 169 

Chapter  12  Laws  1895: 

School  bonds;  act  to  legalize  vote  upon  and  issue  of,  under 

section  229-K  of  city  chaiiter 169 

Chapter  774  Laws  1896: 

Water  supply  for  city  of  Mount  Vernon;  act  to  provide  for.  .       170 
Chapter  247  Laws  1898: 

"Sinking  Fund  Commission"  for  city  of  Mount  Vernon;   act 

providing  for 174 

Chapter  443  Laws  1898: 

Young  Men's   Christian  Association;   real   estate  of,   relieved 

from  taxes ' 176 

Chapter  542  Laws  1900: 

Union  free  school  No.  5,  village  of  Mount  Vernon;  act  ratify- 
ing   act    of    trustees    of,    in  selling  lot  No.  25  map,  West 

Mount  Vernon 173 

Chapter  581  Laws  1900: 

Vernon  Heights  Congregational  church;  act  relieving  real  es- 
tate of,  from  assessments  against 174 

Chapter  69  Laws  1901: 

Comptroller  of  city  of  Mount  Vernon;  act  oreaiting  oflSce  of.  .       176 
Chapter  489  Laws  1901: 

Library  site;    act  authorizing  board   of  education   to   acquire 

lands  for 179 

Chapter  44  Laws  1902  and  Amendment  1903: 

Bonds  to  meet  temporary  deficiencies;  act  authorizing  issue  of, 

to  extent  $175,000 181 

Chapter  482  Laws  1903: 

Assessments  for  local  improvements;  act  in  regard  to  vacating 

and   modifying 182 

Chapter  349  Laws  3904: 

Refunding  bonds  due  February,  1905;  act  authorizing  issue  of 

bonds  for  purpose  of . 186 


Page 
Chapter  459  Laws  1904: 

Police  pension  fund;  act  to  provide  for 187 

Chapter  86  Laws  1905: 

Deficiency  fund  for  support  of  fire  department;  act  providing 

for  1904  and  1905 193 

Chapter  87  Laws  1905: 

Fire  houses  and  buildings  for  police  depantment;  act  providing 
for  bond  issue  for  purchase  of,  and  sinking  fund  for  redemp- 
tion of  such  bonds 194 

Chapter  114  Laws  1905: 

Refunding  bonds  due  February,  1906;  act  authorizing  issue  of, 

bonds  for  purpose  of 196 

Chapter  176  Laws  1905: 

Paving  and  grading  streets  and  highways;  act  authorizing  rais- 
ing of  money  and  issuing  bonds  for  $60,000 197 

Chapter  561  Laws  1905: 

General  fund  of  city  of  Mount  Vernon;  act  authorizing  trans- 
fer to,  of  unused  balances  of  special  funds 196 

Chapter  53  Laws  1906: 

Refunding  bonds  due  February,  1907;  act  authorizing  issue  of 

bonds  for  purpose  199 

Chapter  70  Laws  1906: 

Bridges  between  Mount  Vernon  and  Pelham;  act  authorizing 

issue  of  $30,000  to  pay  city's  share  of /.       201 

Chapter  51  Laws  1907: 

Grading  and  paving  of  streets;   amending  chapter  170   lawjs 

1905 202 

Chapter  436  Laws  1907: 

Lincoln  avenue  widening;  act  providing  for 203 

Chapter  474  Laws  1907: 

Police  deficiency;  act  authorizing  issue  $3,000  bond  to  meet.  .       204 


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